194 So. 123 | La. Ct. App. | 1940
Plaintiff, a grade school teacher, seeks to recover from the defendant, the mother of one of her pupils, the sum of $1,000 as damages for the libel, slander and defamation of her character, good name, and fitness for her vocation of teaching, in the writing and delivering to plaintiff's principal, of the following letter:
"Mrs. Clark"Plaintiff alleges that the letter reproduced above was written by defendant with malicious intent to hurt, harm and injure her, and without probable cause, justification or provocation, and with intent to publish the same as true; that the subject matter therein contained was false; and that the said letter was written for the purpose of scandalizing her and to bring *124 her in disrepute with the principal and the school board, the people of her community and those of other communities who know her.
She further alleged that defendant, besides publishing the above letter, publicly slandered her upon the streets of Leesville by stating that she was not a fit person to teach.
After trial, a judgment was rendered in favor of plaintiff for $250. From this judgment defendant has taken a devolutive appeal. A motion has been filed in this court, in answer to the appeal, to increase the award to the amount sued for.
However, this is not the law as was later held by the Supreme Court in the case of Brian v. Harper,
There can be no question as to the libelous nature of the letter. To charge a school teacher with having an ungovernable temper, to infer that she is feeble-minded and to charge her with being unfit to teach, are certainly statements such as are calculated to injure a teacher in her profession and standing with the school authorities. The defendant admits making the statements and she does not attempt to prove them. On the contrary, it is shown that these statements are false and untrue.
As was said by the trial judge, there can be no doubt but that defendant was actuated by malice in making these statements about plaintiff. She had, according to a preponderance of the evidence, a telephone conversation with plaintiff in which she used rather harsh and discourteous language. The trial judge states that her demeanor on the stand indicated that her animosity had not then abated. In fact, the letter itself carries its own proof of the animosity of the writer.
The principal defense seems to be that the letter was written by the defendant to the principal of the school concerning the welfare of a pupil in whom both the writer and the principal had a mutual interest, and for that reason the letter was not published to the world but was a qualified privileged communication, made in good faith, and, under the doctrine announced in the case of Oakes v. Walther,
It is not necessary that the libelous statements should have been made to the public in general or to several persons, but it is sufficient if they are made to one other person, such as an employer or superior officer, and are of such a nature as would injure the person about whom they are made. Jozsa v. Moroney,
The evidence shows clearly that the letter did not affect plaintiff's standing with the principal and the other school authorities, and plaintiff does not claim any damages for humiliation, worry, mental pain and suffering. She states that this letter caused her an "uneasiness of the mind" and "a source of deep concern". We feel, therefore, that under the circumstances of this case the judgment is excessive and should be reduced, and that an award of $50 would be ample and sufficient.
For these reasons, it is ordered, adjudged and decreed that the judgment appealed from be amended by reducing the award from $250 to the sum of $50 and as thus amended the judgment is affirmed, the costs of the district court to be paid by defendant-appellant, and the costs of this appeal to be paid by plaintiff-appellee.