369 Pa. 349 | Pa. | 1952
Opinion by
As the result of an article and picture published in the Philadelphia Sunday Bulletin on November 20,1949, Alyce Morgan, plaintiff, brought this suit for libel against the Bulletin Company. During the course of the trial the jury was discharged by stipulation of counsel and the case proceeded to its conclusion with the trial judge finding for plaintiff in the sum of $10,-000. After argument before the court en banc judgment was entered on the findings and the Bulletin appealed.
The article written by Murphy was published on the first page of the Sunday Bulletin on November 20, 1949, under the banner headline “Bribe Offer Reported In Fight for Contract On Parking Meters.” Immediately beneath the headline was a picture of plaintiff sitting on a table on which were placed two parking meters.
“The ‘Mata Hari of the meters’ story got wide circulation, and was mentioned in some investigators’ reports.
“The only woman here interested in the meter business, so far as could be learned, is Miss Alice Morgan, . . . She said yesterday that she has been trying to get the city interested in meters manufactured by her firm.
“Asked if she heard reports about a ‘Mata Hari,’ she threw her head back and laughed heartily.
“ ‘That’s a good one!’ she exclaimed.
“She was asked if she thought her activities originated the ‘Mata Mari’ legend.
“ ‘That’s preposterous,’ she replied. ‘I don’t have any money to pay anybody. Sometimes I wonder how I’m going to pay the rent.’ ”
It was on the basis of that article and a follow-up article the next night in the Evening Bulletin that plaintiff brought this suit. The lower court found that the story and picture, although not libelous per se, was capable of a defamatory meaning and while the occasion was conditionally privileged the Mata Hari reference was made without reasonable and probable cause and the display was not published in a proper manner. With these findings we are in full accord.
Had the article directly stated that plaintiff was a Mata Hari there could be no doubt but that it would be
The picture of the plaintiff immediately beneath the headline referring to bribe offers creates an impression that plaintiff was involved in the bribery. In the body of the story reference is made to the Mata Hari report and in the next sentence plaintiff is described as “The only woman here interested in the'meter business.” The natural conclusion to be drawn from that is that plaintiff must have been the “Mata Hari of the parking meters.” Nor does the printing of plaintiff’s denial absolve the Bulletin. As the learned court below stated in its findings: “An astonishing number of people are convicted of charges they deny, and the denial does not set them right in the public mind. A denial often lends piquancy to the story, and printing one would be an easy escape from liability if that were all there was to it.”
Because of the public concern over municipal affairs the hearing judge properly found that the occasion for the publication was a conditionally privileged one. The Bulletin argues that since the occasion was conditionally privileged, plaintiff could not recover unless she showed actual malice, citing Briggs v. Garrett, 111 Pa. 404, 2 A. 513, where we stated, at p. 414: “A communication
That the Bulletin did not have reasonable and probable cause to refer to plaintiff, even indirectly, as a Mata Hari is immediately apparent on reading the record. That information was gained only from a report which merely noted that Shovlin had so stated to an investigator. That report was made six months prior to the publication of the article. There is nothing to show that the statement was based on facts or even that there were reasonable grounds for believing it to be true. Nor is there anything to show that Shovlin’s statement was investigated by the deputy attorney gen
We do not deem it necessary to discuss in detail the question of whether the article was published in a proper manner. From what we have said above it is apparent that it was not. A reading of the story with its accompanying picture creates the distinct impression that plaintiff is involved in the type of scandalous conduct attributed to Mata Hari. The whole layout was designed to draw attention to plaintiff and her part in the situation. An article such as this must present the truth and present it in a fair and just way if it is to avoid the stigma of libel: Boyer v. Pitt Publishing Company, 324 Pa. 154, 188 A. 203; Press Company v. Stewart, 119 Pa. 584, 14 A. 51. This the Bulletin failed to do.
No punitive damages were awarded and the Bulletin’s final complaint is that the award of $10,000 as actual damages is excessive. We cannot agree. As a result of the article plaintiff was forced to surrender her position as vice president of Twin Meters and also her one-third interest in the company for the nominal sum of $500. She felt compelled to leave Philadelphia and accepted a job in Arizona where she earned only $600 the following year. She suffered great emotional upset and Avas placed under doctor’s care for a time. All of these are proper items to consider in awarding damages and Ave cannot say that on this record the sum of $10,000 is an excessive award especially when we consider- the damage to her reputation resulting from the publication of the article in a paper having as large a circulation as the Bulletin. Plaintiff Avas seriously
Judgment affirmed.