96 Neb. 237 | Neb. | 1914
This defendant was state superintendent of public instruction of the state of Nebraska, and this plaintiff was one of the school teachers of the state. The plaintiff brought this action in the district court for Lancaster county against the defendant and the surety on his official bond to recover damages for an alleged libel. Upon trial in the district court the action was dismissed as to the surety; there was a verdict and judgment in favor of the plaintiff, and the defendant has appealed.
When this case was called for hearing in this court, the appellant was in default for a brief, and the judgment of the district court was affirmed for that reason. After-wards, upon motion for rehearing, it was considered that there was a plain error, prejudicial to the appellant, in the record of such a nature as, without discussion, to require this court to grant a rehearing upon the merits.
The amended petition, among other things, alleges that “in a letter to A. E. Littel, the then county superintendent of Wayne county, under date of April 22, 1908, defendant Jasper L. MeBrien accused the plaintiff of poker playing and being under the influence of liquor at a certain time prior thereto, and stated that he was not worthy of being granted a certificate, and, in this connection, plaintiff informs the court that said letter is a part of the public records of the state superintendent of public instruction.” To this allegation the defendant in his amended answer alleges: “And this defendant further admits that he did write of and concerning the plaintiff that he was said to be a poker player, and that he was of questionable character, and that plaintiff was unfit to teach school.” The answer also admitted that the defendant was at the time complained of state superintendent of public instruction, and alleged that the letter complained of was written in good faith in the course of his duties as such officer. There was an attempt to present other issues in the petition and in the answer, but upon the trial the court withdrew all other issues from the consideration of the jury and confined their inquiries to the issue above stated.
The court instructed the jury: “The court now submits to you for your consideration two utterances of the defendant in a letter dated April 22, 1908, to superintendent A. E. Littel, said utterances being as follows: ‘The charge against Mr. DeBolt by Mr. McDonald was poker playing Sunday afternoon. Mrs. Gamble charged him with being-under the influence of liquor once in her presence.’ These are the only allegations of libel that the court now submits to you for your consideration. All other utterances of the defendant concerning thé plaintiff are now withdrawn
Mr. Littel, to whom the letter referred to was sent, was county superintendént of schools of Wayne county, and it was the duty of the state superintendent to advise him in' regard to his duties. In this part of the letter submitted to the jury, the defendant did not make any charges against' the plaintiff as'of his own knowledge.; He told the county
Much evidence was taken as to the condition of the defendant’s mind and feeling toward the plaintiff when he gave this information to the county superintendent. The theory of the trial being that, if the defendant had a “spiteful, malignant or revengeful disposition or ill will”1 against the plaintiff when he performed this duty, he-would be liable to an action for damages. This is not the law. If an officer performs an act in the exercise of his office, which it is plainly his duty to perform, it may give him pain to perform it because it injuriously affects a friend, or pleasure because it affects an enemy; such motives may be discreditable, but they cannot be inquired into in an action for damages. His duty is the same whether it affords him pain or pleasure to perform it. If a public officer is corrupt, and from prejudice or other
The judgment of the district court is reversed and the-cause remanded.
Reversed.