72 Ga. 243 | Ga. | 1884
Pearce brought his action for libel against Brower, in which it is alleged that the defendant wrote and published of plaintiff, that the plaintiff had collected money as a con
The plaintiff in error insists that, although the communication may be privileged, he had the right to require that the alleged libel be submitted to the jury; that they Avere to determine, from it and other evidence submitted by plaintiff, whether the same was published maliciously or not, and in behalf of this position he cites a number of authorities. Waite’s Actions and Defences, vol. 4, p. 304, §2, and cases there cited; 46 N. Y., 427 ; 24 Wend., 434 ; 48 N.H., 161 ; 2 Add. on Torts, 932, note k.; 2 Add, on Torts, p. 945, §1100.
In behalf of the defendant in error, it is insisted that, as the plaintiff’s proofs submitted showed the communication made by defendant was privileged, and that it was published without malice, it Avas not only the right but the duty of the court to arrest the case and award a non-suit, as was done ; and he cites a number of authorities to sustain this position. 1 C., M. & R., 192 ; 17 E. C. L., 185 ; 9 B. &. C., 403 ; Bull. N. P., 8 ; 25 E. C. L., 508 ; 6 C. & P., 497 ; 70 E. C. L., 581 ; 10 C. B., 583 ; 71 E. C. L., 397 ; 1 Tenn., 110 ; Lester vs. Thurman, 51 Ga., 118.
The question has been ably and exhaustively argued by the counsel for the parties in this case, and Avhile it is to be conceded that the English authorities sustain the views submitted by counsel for defendant in error, the American decisions are equally as conclusive of the view pre
We feel constrained to reverse the judgment of the court in granting and awarding the non-suit in this case.
J udgment reversed.