FREE BOOKS

Author's List




PREV.   NEXT  
|<   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79  
80   81   82   83   84   85   86   >>  
ds to teach; of a _clergyman_ that he is immoral, or "preaches lies" or is a "drunkard" or "perjurer"; of an _attorney_ that he offered himself as a witness in order to divulge the secrets of his client, or that he "betrayed his client," or "would take a fee from both sides," or that he "deserves to be struck off the roll"; of a _physician_ that he is an "empiric," or "mountebank," or "quack," or "vends quack medicines"; of a _mechanic_ that he is ignorant of his trade; of a _judge_ that he lacks capacity and has abandoned the common principles of truth; and of anyone _in public office_ of a charge of malfeasance or want of capacity to fulfill its duties. So also personal criticism of an _author_ might go so far as to injure him in his business as an author and come within the rule. And so of any other occupation from which the injured person derives pecuniary benefit. CHARGING WITH A CRIME It is hardly necessary, except for completeness, to add that to charge a person with _any crime_ brings the publication within the definition of libel. If matter libelous _per se_ is published falsely concerning a person he is _presumed_ to have suffered loss without proving the specific amount or the manner of loss, the amount of damages being found by the jury in accordance with the circumstances of the case and various legal rules. If the language complained of does not come within the foregoing definitions and limitations, and is not therefore libelous _per se_, still, if untrue, it may furnish the basis for a libel suit _where it has resulted in pecuniary loss or the loss of other material advantage_. "Any false words are actionable," say the courts, "by which the party has sustained _special damage_." But special damages have to be proved. That is to say, in such case, excluding general damages arising from a _per se_ libel, the character and manner of the loss and the amount in dollars and cents must be proved, and the verdict should not exceed such amount. A single illustration will be sufficient for this class. A newspaper _falsely_ publishes that a man has died of the smallpox at a certain hotel. The proprietor brings a libel suit, claiming loss of custom by way of special damage. His recovery would be limited to such special damages as he could fairly show. Libel has been defined above as "_malicious_ defamation," etc. But it is not generally necessary that the injured complainant should prove actua
PREV.   NEXT  
|<   55   56   57   58   59   60   61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   76   77   78   79  
80   81   82   83   84   85   86   >>  



Top keywords:

special

 

damages

 
amount
 

person

 

proved

 

capacity

 
brings
 
injured
 

client

 
manner

falsely

 
pecuniary
 

damage

 

charge

 

libelous

 

author

 

limitations

 
language
 

complained

 
foregoing

definitions

 

resulted

 

material

 

untrue

 

furnish

 

advantage

 

arising

 

recovery

 

limited

 
fairly

custom
 

proprietor

 

claiming

 

generally

 

complainant

 
defamation
 

defined

 

malicious

 
dollars
 
character

verdict

 

general

 

excluding

 

courts

 

sustained

 

exceed

 

single

 

publishes

 

smallpox

 

newspaper