The American Reports, Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States Volume 36
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1881 edition. Excerpt: ...an action for libel, if it appears that a libel was published with no intent to injure, and that all proper precautions were observed in publishing it, actual damages only are recoverable. A retraction of a. libel, published after the suit, cannot be considered in mitigation of damages. Evening News Association v. Tryon. CTION for libel. The opinion states the case. The plaintifi had judgment below. U. I. Walker, for plaintifi in error. Maybury d5 Oonely, for defendant in error. MARSTON, C. J. This was an action brought to recover damages suffered by reason of the publication of a libellous article by the plaintifi in error. We are of opinion that the court correctly instructed the jury upon the subject of exemplary damages. In cases like the present the publication is considered a voluntary act, and is presumed to have proceeded from malicious motives, thus entitling the plaintifi to recover exemplary damages. If it appears upon the trial that there was no intention in fact to injure the plaintiff, and that all proper precaution was observed in the publication of the article complained of, such facts will not prevent a recovery of such damages, but will reduce the amount thereof to such sums as must inevitably have resulted from the wrong. Scripps v. Reilly, 38 Mich. 23. The next question is whether a retraction of the article, published after the commencement of the action, could be considered in mitigation of damages. N o direct authority in support of such a position has been cited on the argument, and the cases referred to do not, we think, sustain such a doctrine. If such a retraction may be so considered, then there can be no limitation well fixed as to the time within which it should be made, or beyond which it ought not to be so...
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- 13 Sep 2013
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