Fisher v. Leader Publishing Co.
Fisher v. Leader Publishing Co.
Opinion of the Court
Opinion by
This was an action of trespass to recover damages for an allegel libel. In plaintiff’s statement of claim the publication of the alleged libelous article was averred, and it was charged that the publication was'made in order “to bring him (plaintiff) into public scandal, infamy and disgrace, and to cause it to be believed that plaintiff was guilty of murder or abortion, or of being accessory thereto, before or after the fact.” Upon the trial a verdict for the defendant was directed upon the ground, as stated by the trial judge, that “assuming that, as to the public at large, a fair, natural reading of the article might convey the meaning that Miss Reed had been murdered, or that an abortion had been committed upon her, there is not the slightest charge in the article that her death or the abortion was caused by Mr. Fisher, or that he was an accessory before or after the fact, or had any connection or relation to the crime.” And the trial judge further said, in his opinion refusing a new trial, that the crimes of murder and abortion are nowhere. in the article charged against plaintiff, and can by no reasonable inference be imputed to him from a fair reading and interpretation of the whole publication: In order to sustain an action of libel the defamatory words must refer to the plaintiff. The action of the court below was based solely upon its view that the article did not point to, or defame the plaintiff, and was not, therefore, libelous as to him. If the court below was right in its construction of the wording of the publication, it will be unnecessary to consider the assignments of error in detail. The circumstances set forth in the article were alleged to have occurred at the so-called Anti-Cruelty Home, and it appears from the evidence that half a dozen or more officers, directors and agents were connected with this home. The article shows a strained attempt to create a sensational mys
In the tenth assignment it is alleged that the court below erred in refusing to permit plaintiff to amend his statement after the verdict. Counsel for appellee contend that this assignment should not be considered because it does not show that any exception was taken to the refusal of the motion to amend. The Act of May 11, 1911, P. L. 279, provides in Section 6, as follows: “Whensoever the decision of a court of record shall appear in the proceedings of a case, it shall not be necessary, for the purpose of a. review of that decision, to take any exception thereto; but the case shall be heard by the appellate court with the same effect as if an exception had been duly written out, signed and sealed by the
We can see in the amendment nothing which would relieve the court from the duty of passing upon the construction and meaning of the language of the publication as a question of law. There can be no recovery unless it appears that there was a specific imputation against the person suing. After considerable reflection on the subject, we agree with the conclusion reached by the trial judge, that the imputations in the article did not specifically refer to the plaintiff, and that nothing in the publication justifies the inference that the plaintiff is therein charged with the crime of murder or abortion, or of being an accessory thereto before or after the fact.
The assignments of error are overruled, and the judgment is affirmed.
Reference
- Full Case Name
- Fisher v. The Leader Publishing Company
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- Syllabus
- Libel — Newspapers—Charge of crime — Case for the court. 1. In an action against a newspaper by one of three officials of a charitable institution to recover damages for a publication which was alleged to have charged plaintiff with abortion, and the murder of a young girl resident in the institution, a verdict for the defendant is properly directed, where, although the article intimates that abortion and murder had been committed, there is nothing in it to charge that the girl’s death or the abortion was caused by the plaintiff, or that he was an accessory before or after the fact, or had any connection with the crime. Practice, O. P. — Amendment of statement — Exception—Act of May 11,1911, P. L. 279. 2. Section 6 of the Act of May 11, 1911, P. L. 279, was not intended to apply to every decision made in the course of a trial. This action is intended to apply to final decisions or to such as appear as part of the record by the action of the court itself and not to rulings upon interlocutory matters which would formerly not have become part of the record, in the absence of an exception and a bill sealed by the court. 3. The effect of Sections 1 and 2 of the Act is merely to dispense with the requirement that exceptions shall be allowed by the court. They must still be taken by counsel and noted by the official stenographer. 4. Where a motion to amend a statement of claim is made after the trial, and the court refuses to permit the amendment, the order of refusal may be reviewed under Section 6, of the Act of May 11, 1911, P. L. 279, if the decision of the court appears in the proceedings, although no exception was taken thereto.