Sacchetti v. Fehr
Sacchetti v. Fehr
Opinion of the Court
The single question raised by the assignments of error relates to the measure of proof required to sustain a plea of justification in an action for libel. The instruction by the learned trial judge to the jury was that the burden was on the defendant to satisfy them by the evidence that the publication was substantially true in every material respect, but that he was not required to produce proof that would establish the guilt of the plaintiff beyond a reasonable doubt and that would warrant his conviction in a criminal court. Section 2 of the Act of
The judgment is affirmed.
Reference
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- Syllabus
- Libel — Plea—Justification—Measure of proof — Evidence—Charge— Act of April 11, 1901, P. L. 74. Where a plea of justification has been entered in an action for libel, the burden is on the defendant to satisfy the jury by his evidence that the publication was substantially true in every material respect, but he is not required to produce proof that would establish the guilt of the plaintiff beyond a reasonable doubt, and that would warrant his conviction in a criminal court. Under the Act of April 11, 1901, sec. 2, P. L. 74, proof “to the satisfaction of the jury as in other cases ” means proof as in other civil cases by a preponderance of evidence.