Supreme Court of Pennsylvania, 1905

Ferber v. Gazette & Bulletin Publishing Ass'n

Ferber v. Gazette & Bulletin Publishing Ass'n
Supreme Court of Pennsylvania · Decided June 22, 1905 · Dean, Elkin, Fell, Mestrezat, Potter
212 Pa. 367; 61 A. 939; 1905 Pa. LEXIS 621

Ferber v. Gazette & Bulletin Publishing Ass'n

Opinion of the Court

Per Curiam,

We find no error in the record of this case that calls for a reversal. It was submitted with the instruction that the publication charging a public officer with the commission of crimes was libelous, and that the plaintiff was entitled to recover unless it appeared from the evidence that it was substantially true in every material respect or that the defendant had reasonable grounds for belief in its truth, supported by facts and circumstances. The stress of the appellant’s argument is that, since justification had been pleaded, the defendant was not entitled to show that it made the publication in good faith, on reasonable cause and without malice. The pleas were “not guilty ” and “ justification.” These pleas although apparently repugnant, may under modem practice be pleaded together: Peters v. Ulmer, 74 Pa. 402; Drown v. Allen, 91 Pa. 393.

The judgment is affirmed.

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