102 A. 640 | Conn. | 1917
Lead Opinion
The complaint charges, in the first three counts, three separate slanders, and in the fourth count a libel. As to the first, second and fourth counts, the defendant admits the speaking and writing alleged. The charge in each count is adultery and hence constitutes words actionable in themselves.
The legal consequence of the speaking of the defamatory words was the creation of a legal presumption that the slanders were false and made without legal excuse, that is, with malice, and hence the plaintiff, in the absence of proof of the truth of the charge or that it was a privileged communication, would be entitled to general damage.
As to the libel, the defendant having given proof of his intention, and it not appearing that the defendant was requested in writing to retract the charge and had failed to comply, the plaintiff could not recover damages unless he proved that the defendant published the libel with actual malice, that is, with malice in fact. Upon such proof and in the absence of proof of the truth of the charge, or that it was a privileged communication, the plaintiff would be entitled to recover not only his actual or compensatory damages, but also what we term punitive or exemplary damages. The law presumes some damage from the use of defamatory words, and the person slandered is entitled to recover damages for all the injury done his reputation, and his feelings, and for all the mental suffering, which are the proximate result of the defamation.
In addition to the recovery of this general or compensatory damages, if the plaintiff prove that the defamatory words were uttered with actual malice, he may recover what is termed in our law punitive or exemplary or vindictive damages — damages by way of punishment, which by our rule are limited to the expenses of the litigation less the taxable costs. In fact *239
and effect these damages, also, are compensatory, as CHIEF JUSTICE TORRANCE pointed out in Hanna v.Sweeney,
The jury found the issues for the plaintiff, and the findings present the case of unfounded charges of adultery persistently made against the plaintiff and with vindictive malice. If deductions for punitive damages of the most generous estimate be made, it would leave the general or compensatory damages at a very large sum. There is no claim of special damage, and there are no facts recited in the findings which show any disturbance of the feelings or the mind of the plaintiff.
Assuming the plaintiff's character as of the best, the actual or compensatory damages for injury to his reputation and feelings and for mental suffering were assessed by the jury at a higher value than in any similar case in our jurisdiction. In view of the conclusion we have reached in regard to the charge on the subject of damages, and to the fact that the evidence is not a part of the record, we omit passing upon the claim that the damages are excessive.
In different parts of the charge the trial court instructed the jury as to the subjects of compensatory damages and exemplary damages, in accordance with our rule and substantially as stated in Hassett v. Carroll,
Two principles of guidance, it is more than likely, the jury obtained from these instructions: 1. The greater the malice the greater the damage. 2. The amount of the damage is within the discretion of the jury.
Neither is sound. They savor of the common-law rule of punitive damages which does not prevail in this State. Compensation, not punishment, is the foundation of our action of slander and libel. These quotations *241
from the charge sustain the defendant's criticism that these instructions left it open to the jury to aggravate or increase the actual or compensatory damage if they found the charges to have been made with actual malice. The correctness of this instruction is the main ground of the appeal. If the actual or compensatory damages can be thus increased, it must follow that their absence would mitigate the actual damage. While malice is said to be a necessary ingredient of the action of slander and libel it has, except in the aggravated cases of actual malice, no significance save to mark the defamation as one without legal excuse. It does not lessen one's injury to know that the slanderer did not intend the injury, or that he acted in good faith. No amount of proof that the slander was without actual malice will lessen the injury, and no amount of proof that it was made with actual malice can increase or enhance the damage which measures the reasonable compensation for the injury done. "The time, place, manner, and other circumstances of the preparation and publication of defamatory charges," as well as the language of the charge, are admissible facts tending to prove the extent of the injury to the reputation and feelings, and tending to prove the malice of the charge.Hassett v. Carroll,
The existence of actual malice is one of the relevant and material circumstances in an action of slander or libel. It may tend to spread the charge of the slander or libel, or it may induce the hearers or readers to treat it more lightly than they would an utterance from a less prejudiced source. It may be that the reputation will not suffer as much if the hearers and readers know the motive of the charge to be actual malice, as when they believe the charge is made in good faith and without malice, or it may be exactly the reverse. Each case must be governed by its own circumstances and *242 setting. Further proof of actual malice may disclose the injury to be greater in consequence of the publication of the charge in actual malice, and hence the compensatory damages will be greater because assessed in proportion to the actual injury.
The effect upon the feelings of him against whom the charge is made, may be greater where he knows and must carry with him the knowledge that another entertains actual malice against him. So his mental suffering from the defamation may be greater from his consciousness of the malicious motive behind the charge. And such injury to his feelings and his mental suffering may arise whenever the knowledge that this charge was made in actual malice comes home to him. The injury may be increased by the presence of actual malice, and hence it is said that proof of actual malice may aggravate the damage. What it does is to increase the injury, and the damage which accrues is compensation for the increased injury.
This is the doctrine of the Massachusetts court; damages allowed are compensatory, punitive damages are never allowed. Faxon v. Jones,
The true rule is that actual damages cannot be mitigated or enhanced, but every fact which tends to show that the injury was less or more than if these *243 facts did not exist, is admissible, for these show the extent of the actual injury, and that measures the limit of the compensatory damages.
The terms "aggravation" and "mitigation" of damages are used in the books and in our own reports in connection with actual damage or actual compensation. Such a use of these terms is confusing. For example, it is often said that evidence of the plaintiff's character is admissible either in aggravation or mitigation of the damages. What is meant is, that the character of the plaintiff is one of the essential facts affecting the extent of the injury done. If it is good the damage is greater; if bad, less.
Our rule of punitive or exemplary damages has been applied from an early date to all tortious injuries which are wanton or malicious. Linsley v. Bushnell,
Very generally the authorities hold that good intention, good faith and the absence of actual malice, are not admissible in mitigation of the actual or compensatory damage. Taylor v. Hearst,
The trial court did not limit the estimate of the compensatory damages in the case of proof of actual malice. On the contrary, it left open to the jury the extent of the increase of damages due to actual malice. It made the presence or absence of malice the factor upon which all but nominal damages should hang; and it left the amount of the damage to be measured wholly by the discretion of the jury if actual malice was found. This was erroneous; and the extraordinary damages found demonstrate that they accepted the instructions as conferring upon them a discretion without limit.
The other exceptions require but brief notice. The charge that the jury might consider future damages as one of the elements of recovery was correct. The damages were to be assessed once for all.
The court did not err in indirectly expressing its opinion in its comments upon the evidence. Nor were the instructions so argumentative in character as to be erroneous. The trial court was within our rule so frequently announced as to forbid present repetition.
Complaint is made of the charge: "But if you do find that he wrote them, and has testified here falsely about it, then you are at liberty to consider that circumstance *246 in weighing his other testimony, for it is always proper for the jury, if they find a witness has testified falsely in one particular, to consider that in deciding what weight they will give to his other testimony. The doctrine is sometimes referred to as falsus in uno, falsus inomnibus — that is, false in one thing, false in all. But it is not a principle of law that if you find a witness false in one particular that you should disregard his testimony entirely. You may do so if you are satisfied from it that he is unworthy of belief, but it does not follow that you must do so."
It is said that the failure to state that the false testimony must have been made knowingly, wilfully or intentionally, made this instruction erroneous. While this addition would have conformed the instruction to that usually given, it was not essential in view of what the trial court did say. It said that if the jury found that the defendant had "testified falsely" in some particular, they might "consider that in determining what weight they will give to his other testimony," and that they might disregard the defendant's testimony "if satisfied from it that he is unworthy of belief." This later phrase was the full equivalent of the phrase "that he had knowingly testified falsely."
There is error and a new trial is ordered.
In this opinion RORABACK and SHUMWAY, JS., concurred.
Dissenting Opinion
I dissent because the charge of the court on the subject of damages appears to me to be correct. The court said, inter alia: "Under our law it is not the purpose of this action, that is, an action of libel and slander, to punish the defendant for his offense, but to compensate the plaintiff for his injuries. . . . *247 If you come to the question of damages, you will give the plaintiff such damages as in your opinion will fairly compensate him for the injury done to his reputation by reason of the defamatory words." Then, after correctly pointing out the considerations which might influence the jury in estimating general compensatory damages, and repeating the rule that "if the jury finds that the statements were false as claimed by the plaintiff, the plaintiff is entitled to such damages as would be a compensation for the injury sustained as the natural or probable consequences of the slander or libel," the court charged the jury upon the relation of actual malice to compensatory damages as follows: "Where the words uttered or published are in themselves actually libelous or slanderous, the mental suffering occasioned by the publication of the defamatory words may be taken into consideration by the jury for the purpose of estimating general and compensatory damages. And it has been held that because a libel or slander involves an injury to the feelings of the plaintiff as well as to his reputation, his injury may be greater if the defamatory words are uttered with express malice than if there is only the malice which the law implies from intentionally doing . . . that which in its natural tendency is injurious."
It was after thus correctly instructing the jury on the subject of general compensatory damages, that the court told the jury that the damages "being almost entirely within your judgment, may range anywhere from merely nominal to what is sometimes called exemplary or vindictive damages, according to the degree of malice," and then properly instructed them that "damages beyond the actual compensation for the injury" were to be limited to the expenses of litigation, less taxable costs.
When the above quoted portions of the charge are *248 added to the collection of excerpts contained in the opinion, it seems to me that no logical basis is left for the conclusion that the court did not surround its charge upon the subject of damages with proper and sufficient limitations.
In this opinion PRENTICE, C. J., concurred.