Courier-Journal Co. v. Sallee
Court of Appeals of Kentucky
Case 44—LIBEL— APPEAL FROAT UNCOIL CIRCUIT COURT. 1. The facts of the case show that there was no express malice, and there were no facts from which express malice or gross malice could be inferred and, therefore, it was error to give the instructions for punitive damages. 2. The court erred in telling the jury they were bound to give such damages as would compensate the plaintiff, without also telling them the law of damages as to malice and the effect of the want of…
Read the full summary
Case 44—LIBEL— APPEAL FROAT UNCOIL CIRCUIT COURT. 1. The facts of the case show that there was no express malice, and there were no facts from which express malice or gross malice could be inferred and, therefore, it was error to give the instructions for punitive damages. 2. The court erred in telling the jury they were bound to give such damages as would compensate the plaintiff, without also telling them the law of damages as to malice and the effect of the want of malice, and how implied malice was mitigated by the facts proven. Ratcliffe v. Courier-Journal Co., 99 Ky., 416 (18 Ky. Law…
1Opinion of the Court
JUDGE BURNAM
delivered the opinion of the court.
On May 26, 1896, the defendant was a corporation, and published in the city of Louisville a newspaper called the Courier-Journal, and the plaintiff was a farmer, residing in Boyle county. On that day the following article appeared in the daily edition of that paper: “Harrodsburg, Ky., May 26. (Special.) It has just been learned from a man of unquestioned integrity, who lives in the neighborhood, that Tom Sallee, of near Parksville, in'Boyle county, is expected to die of terrible treatment received a short while ago at the hands of two brothers,…
2Cases cited2 opinions
- Riley v. LeeCourt of Appeals of Kentucky · 1889
- Isbell v. StewartIndiana Supreme Court · 1890
3Cited by13 opinions
- Aguilar v. StateCourt of Criminal Appeals of Texas · 1971
- Pennsylvania Iron Works Co. v. Vogt Machine Co.Court of Appeals of Kentucky · 1906
- McClintock v. McClureCourt of Appeals of Kentucky · 1916
- Glover v. BergerWyoming Supreme Court · 1953
- Arizona Publishing Co. v. HarrisArizona Supreme Court · 1919
8 more not listed; retrieve them via the Exa API.