Cottrill v. Cramer
Cottrill v. Cramer
Opinion of the Court
The special verdict in this case is strangely inconsistent, and should have been set aside for that reason alone. In answer to specific questions submitted, the jury, in effect, found that the defendant, William E. Gramer, in writing and^ publishing the article set out in the complaint, was actuated by ill-will, spite, a wicked and mischievous intention, bjr express malice, revengeful and malevolent feelings towards the plaintiff; further, that the article was not privileged as being a fair criticism upon the speeches of the plaintiff as a public man on a subject which concerned the public generally; also that the said defendant did not write the article bona fide, with an honest belief in the truth of'it. It would certainly be difficult for the jury, by the use of the English language, to have found more clearly and distinctly that Mr. William E. Gramer, in writing and publishing the article in question, was actuated by personal hate, vindictive feelings, and express malice towards the plaintiff, than they did by the verdict. Yet, when the jury come to assess the damages which the plaintiff suffered by reason of the publication of the libel, they award only six cents. The plaintiff is a lawyer, in high standing in his profession, and it is not claimed that his general good character or reputation, either as a public man or private citizen, was in any way impeached or called in question. This being the case, it requires ho
The learned counsel for the defendants insists that the question of damages in libel is one peculiarly within the province of the jury, and that the verdict will not be disturbed, because the damages are small, save only where there has been some misdirection of the court, or misbehavior on the part of the jury. If there had been no special verdict in the case, but only a general one, the rule relied on by counsel might possibly control. Even then, there is no inexorable rule of practice which precludes the court from granting a new trial on account of the smallness
By the Court.— The judgment of the county court is reversed, and the cause is remanded for a new trial.
Reference
- Full Case Name
- Cottrill v. Cramer and others
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