6 Utah 175 | Utah | 1889
Lead Opinion
This is an appeal from the judgment against the defendant, and from an order denying the motion for a new trial. The action was brought against the defendant, a corporation, publishing in the city of Salt Lake a newspaper known as the “ Salt Lake Daily Herald,” to recover a judgment for having, as the plaintiff alleges, published false, scandalous, malicious and libelous matters concerning the plaintiff. The libel, as set out in the complaint, charged that the defendant committed adultery with a female, a half-witted girl; that from the current report of the affair it seemed to be a premeditated case of beastly rape. It is not necessary to state it in detail. The plaintiff alleged that by the publication he had suffered greatly in his reputation and character. The defendants, in their answer, denied that the publication was false or malicious, or that it was intended so to be; that the said publication was true; that it had been published in this paper as an item of news, in its usual course of business, without malice or ill will, and without any attempt to defame or injure the plaintiff, but with a full belief in the truth of the statement. The defendant contends on this appeal that certain rulings made on the trial, and to which exceptions were taken, were erroneous. These were the exclusion of the details of the complaint made by the female shortly after the occurrence, the admission of evidence tending to show the plaintiff’s good character at other places than where it was attacked by the evidence offered by the defendant; to the charge to the jury, and to the verdict rendered, on the ground that it. was excessive. The fact of publication by the defendants in their newspaper of the statement relative to the plaintiff was admitted.
There is no doubt but that the published account was unquestionably a libel. It tended to blacken the reputation of the plaintiff, and expose him to public contempt. It accused him of a crime for which he could have been indicted and punished by law. White v. Nicholls, 3 How., 267, 291. No person of ordinary intelligence can read the publication complained of and resist the conclusion that it
A further ground of error is urged that the damages, were excessive; but the rule is well settled that in actions, of this kind a new trial will not be granted for this reason. It is the special province of the jury to decide such cases • under instructions from the Court. 1 Suth. Dam., 810;
The defendants, in their answer, deny that the plaintiff has suffered in his reputation or character, and testimony was presented by them tending to show his general character. The Court, in its ruling on this point, said: “ The question as to which there seems to be some controversy is as to whether the charge that the plaintiff had committed rape on the prosecuting witness authorized the defendant to attack the general reputation of the plaintiff in all re-
Concurrence Opinion
(concurring.)
In this opinion I concur. I do not think the case upon the subject of character of the plaintiff was properly submitted to the jury. The learned Judge seems to have confined the ruling to the “general character ” for some particular trait when it should have been as to the general character.