111 Pa. 145 | Pa. | 1886
delivered the opinion of the court,January 4th, 1886.
Any malicious publication, written, printed or painted, which by words or signs tends to expose a person to contempt, ridicule, hatred or degradation of character, is a libel; and the' person libeled may recover damages, unless it be shown that. the publication was true, or that it was justifiably made: Barr v. Moore, 87 Pa. St., 385.
Malice is said to be essential to an action for libel, but it is malice in a special and technical sense, which exists in the absence of lawful excuse, and where there may be no spite or ill-will, or disposition to injure others. Every publication having the other qualities of a libel, if wilful and unprivileged, is in
At the trial of this action it appears that the court and parties agreed that the defendants had a right to make inquiries respecting plaintiff’s official conduct, to make reasonable comment and fair criticism upon it, and that the matter published, if true, was proper for public information or investigation. The plaintiff’s point indicates his contention that before .publishing the alleged facts the defendants omitted reasonable Icare and diligence to ascertain their truth; and the defendants’ fourth point avers, that if the publication was a fair statement of what was communicated to their reporter by the chief clerk of the county commissioners, and that if it was published in good faith and without malice, the plaintiff cannot recover. The court instructed the jury, that if the defendants made reasonable and diligent inquiry, using ordinary care to get the facts, and then published them with free comments, they are not liable; and if they exercised “such care, ordinary care, as was proper under the circumstances to justify this article, then the law says it was in the nature of a privileged communication, and would be a defence.” But if such care was not used the defendants are liable, provided the jury find the article is libelous; and even if ordinary care was used, if the article went beyond the statement of facts, and charged the defendants with the crime of larceny, it was libelous.
In view of the evidence, said instructions were favorable to defendants. The plaintiff was a private citizen, neither in office nor a candidate for office, but the article related to what he had done as a public officer. Inquiry was only made of a clerk who had no connection with the coroner’s office, and who was not a lawyer. It is proved that the alleged default in turning over to the proper officers the money and effects which remained in his hands at the end of his official term was false, and now the defendants do not pretend that the statements of fact or of law are true and correct. If, indeed, the publication was strictly privileged, and there was probable cause for the making of it, the action cannot be sustained; and if there
The defendants contend that if the publication was made in good faith and without malice, they are not liable. This would be so had the article been kept within proper limits. An occasion of privilege will not justify false and groundless imputations of wicked motives or of crime. The conduct of public officers is open to public criticism, and it is for the interest of society that their acts may be freely published with fitting comments or strictures. But a line must be drawn between hostile criticism upon public conduct and the imputation of bad motives, or of criminal offences, where such motives or offences cannot be justly and reasonably inferred from the conduct. A man has no right to impute to another whose conduct is open to ridicule or disapprobation, base, sordid or wicked motives, unless there is so much ground for the imputation that a jury shall find, not only that he had an honest belief in the truth of his statements, but that this belief was not without foundation. Where the public conduct of a public man is open to animadversion, and the writer who is commenting upon it makes imputations on his motives which arise
It is a matter of law for the court to determine whether the occasion of writing or speaking criminatory language, which would otherwise be actionable, repels the inference of malice, constituting what is called a privileged communication ; and if there is no intrinsic or extrinsic evidence of malice, it is the duty of the court to direct a nonsuit or verdict for the defendant. If the communication contains expressions which exceed the limits of privilege, such expressions are evidence of malice, and the case shall be given to the jury: Cooke v. Wildes, 5 El. & Bl., 328; Hamilton v. Eno, 81 N. Y., 116. Falsehood and the absence of probable cause will amount to proof of malice: White v. Nicholls, 3 How., 266.
.No request was made for instruction to the jury that the plaintiff must prove malice to maintain his action. The evidence thereof was ample for submission. The instructions of the court, as already seen, were as fair for the defendants as they could justly claim, so far as related to the plaintiff’s right to recover. If the publication charged wicked motive or crime, unwarranted by the facts communicated to the reporter by the clerk of the county commissioners, the privilege was exceeded and the action would lie. Had the court said anything in reference to actual malice, the jury would have been instructed that they could find it from the falsehood of the charge and absence of probable cause.
That the court omitted the word malicious in defining libel
None of the assignments set forth error of which the defendants can complain, except the first. By affirmance of the plaintiff's point the jury were instructed that in case of negligence by the defendants in making inquiry as to the truth of the charge, they “are liable in punitive damages, if the publication is found to be libelous, and the verdict should be for the plaintiff in such an amount of damages as the jury may deem just in the premises.” Aside from that, no instruction was given on the question of damages except what related to mitigation. Therefore, the jury must have understood that if the plaintiff was entitled to recover, the defendants should be punished. That the jury could properly give exemplary or punitive damages, if satisfied that the defendants wantonly or recklessly defamed the plaintiff, cannot be doubted ; but if the defendants had no actual malice, evidenced by wanton or reckless conduct, it was not a case for punitive damages. Compensation for the injury done to the plaintiff’s character is the legal measure of damages to which he is entitled. Hence the rule that a defendant may, if he can, in diminution of damages, prove the general bad character of the plaintiff at and before the time of the publication of the libel. It is for the jury, not the court, to determine whether the defendant shall pay exemplary damages, even when there is evidence of malice. Whenever the jury find that the defendant should pay smart money, they determine the amount, and it may be said to be added to the plaintiff’s real damages.
In Hamilton v. Eno, supra, the court refused a request, namely, “that unless the defendant was moved by actual malice, it was not a case for punitivb damages; and that the jury should give such damages as they thought the plaintiff had really borne.” The Court of Appeals held that the request asked too much when it sought to limit the jury to the actual damage of the plaintiff — merely what he had proved in precise figures — and the court was not bound to take the good part of the request from the bad, and to charge-the good. Although the first proposition in the request was sound, the whole was well refused because it contained an incorrect limit respecting the plaintiff's damages. In this case, had the word “ punitive ’’’been omitted from the plaintiff’s point, there would
Judgment reversed, and venire facias de novo awarded.