122 Iowa 539 | Iowa | 1904
The plaintiff sets out language of a defamatory nature contained in two letters sent to plaintiff by defendant, and the question'which we need consider in the ease is whether a written communication of libelous matter contained in a letter can be the subject of an action for damages sustained by the person to whom the letter was sent, there being no other publication. On this question there seems to be no conflict in authorities. The cases, so far as our attention has been called to them, uniformly hold that, in a civil action for libel, the sending of a communication containing defamatory language directly to the person defamed, without any proof that through the agency or in pursuance of the intention of the sender it has come to the knowledge of any one else, does not show such publication as to render the sender liable in damages. Wilcox v. Moon, 64 Vt. 430 (24 Atl. Rep. 244, 15 L. R. A. 760, 33 Am. St. Rep. 936); Spaits v. Poundstone, 87 Ind. 522 (44 Am. Rep. 773); Fonville v. McNease, Dud. 303, (31 Am. Dec. 556); Odgers, Libel & Slander, 150.
Counsel for appellant contends, however, that by Code, section 5090, the communication of libelous matter -to the party libeled constitutes a publication thereof for the purposes of the criminal law, and as it is, therefore, a criminal act to send such a communication to another, there is a right to recover damages therefor on the part of the person injured. It is true that we have held that the definition of libel found in Code, section 5086, defining a criminal libel, is applicable
The judgment of the lower court is therefore affiem isd.