Florida Reports Volume 21

Florida Reports Volume 21

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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. 1886 edition. Excerpt: ...as a justification. It is also clear, as a general rule, that under such plea evidence is admissible to show a less degree of malice, and overcome, in part at least, the presumption thereof, and thus mitigate the damages. Actionable words in libel imply, in contemplation of law, malice suflicient at least to sustain an action, and entitle the plaintifl to a verdict, but the amount of the damages depends in part on the degree of malice, the malignity and wantonness of intention to injure, with which the words used were spoken, and though this malice cannot, under the plea of not guilty, be entirely overcome so as to defeat the action, where the words are actionable, evidence may be, and should be, received to show a less degree of malice and an absence of wanton in tention to injure. Lick vs. Owen, 47 Cal., 252, 258; 6 Gill & J ohn., 418; 43 Maine, 287. Whether or not circumstances which of themselves are insuflicient to establish the truth of the charge, yet may be introduced to show a less degree of malice and mitigate damages are admissible, is a vexed question. In Huson vs. Dale, 19 Mich., 28, it is said: " No question in modern times has perhaps given rise to a greater amount of judicial controversy. The conflict in the decisions upon it is absolutely appalling and the attempt to trace the line of mere authority through themaze of hostile decisions would be calculated to only confuse and lead the mind astray from the real principles of justice involved in it, and could serve no useful end." See also Bush vs. Prosser, 11 N. Y., 357, et seq. In Huson vs. Dale, it is decided that to rebut malice, and thus mitigatedamages, but not to establish a defence, it is competent to show under the general issue that at the time the...show more

Product details

  • Paperback | 264 pages
  • 189 x 246 x 14mm | 476g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 123695999X
  • 9781236959997