45 P. 768 | Or. | 1896
Opinion by
All language that necessarily must or naturally and presumptively will occasion pecuniary damage to the person of whom it is spoken is actionable per se: Newell on Defamation, Slander, and Libel, 181; Townshend on Slander and Libel, § 146. “Any false and malicious writing published of another,” says Judge Cooley in his work on Torts, 206, “is libelous per se, when its tendency is to render him contemptible or ridiculous in public estimation, or expose him to public hatred or contempt, or hinder virtuous men from associating with him.” The language complained of charges the plaintiff with having been arrested for the commission of the crime of larceny from a dwelling; comments upon her kleptomania tendencies, and states that stolen property was found in her apartments, and under the definition above given was libelous per se, unless its publication was privileged. The organic law of the state demands that justice should be administered openly (Constitution of Oregon, Art. I, § 10); and this being so, an editor may publish in his newspaper a fair report of any judicial proceeding, not ex parte, except when, from the nature of such proceeding, it would be against public policy to do so, for
Reversed.