15 Wash. 542 | Wash. | 1896
The opinion of the court was delivered by
The plaintiff brought suit for the publication of an alleged libel. The defendants plead a justification. Judgment being rendered for the plaintiff the defendants have appealed.
The defendants Galloway and Romain were partners engaged in the dairy business under the name and style of the Elgin Dairy Company, and Pratt and Berry were employees of the partnership. The plain
It appears that the plaintiff did no more work for the company, but engaged in like business for himself, resuming the route he had been upon while in the employ of the company, and in order to obtain the company’s customers represented to them that he had been unjustly discharged, whereupon the company issued and caused to be distributed by the appellants Pratt and Berry, the following circular :
*547 “Notice.
“ It having come to our knowledge that E. P. Hall, formerly the driver of one of our milk wagons, is endeavoring to alienate our customers by repeating a story that we discharged him unjustly and without cause, we take this method of contradicting him, and stating that we discharged him only upon his own confession of having wrongfully converted to his own use considerable sums of money collected for, and belonging to us.
“We feel compelled to make this statement in order to protect our business from the injury he is doing us by his constant repetition of a ‘ tale ’ which he knows to be untrue. Yours respectfully,
“ Elgin Dairy Company.”
which the plaintiff contends was libelous.
It is first contended that the court erred in allowing the plaintiff to prove his good reputation. The respondent contends that this evidence was admissible in consequence of the defendants’ having given in evidence to sustain their plea of justification specific instances of misconduct on the part' of the respondent. Many cases have been cited by counsel upon either side, but, without undertaking to review them, it seems to us the better rule is that such testimony is inadmissible and that instances of specific misconduct do not authorize the plaintiff to prove his general good reputation.
Another error complained of is the refusal of the court to allow the defendants to open and close the case to the jury. The court rightly assumed that the burden of proof was upon the defendants. The publication of the circular in question had been admitted, and the defense was a justification which the defendants had to establish. This being so, we are of the opinion that they were entitled to open and close the case.
Reversed and remanded for a new trial.
Hoyt, C. J., and Dunbar, Anders and Gordon, JJ., concur.