Gilman v. McClatchy
California Supreme Court
Appeal from a judgment of the Superior Court of Sacramento County and from an order denying a new trial. A. P. Gatlin, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtHenshaw, J.
Appeals from the judgment, and from the order denying a new trial.
Plaintiff’s action was for damages resulting from a *609libel of and concerning him, published by defendants in their newspaper, the Evening Bee.
Defendants admitted the publication and their responsibility therefor, but denied that it was libelous. As an affirmative defense in justification they pleaded that the publication was true. In mitigation of damages they further averred their belief in its truth, and that the publication was made only after a due and careful inquiry which satisfied them of the truth of the matters in the…
2Cases cited4 opinions
- Wilson v. FitchCalifornia Supreme Court · 1871
- McAllister v. Detroit Free Press Co.Michigan Supreme Court · 1889
- Childers v. San Jose Mercury Printing & Publishing Co.California Supreme Court · 1894
- Langton v. HagertyWisconsin Supreme Court · 1874
3Cited by31 opinions
- Brown v. Kelly Broadcasting Co.California Supreme Court · 1989
- Ringler Associates Inc. v. Maryland Casualty Co.California Court of Appeal · 2000
- Smith v. MaldonadoCalifornia Court of Appeal · 1999
- Frommoethelydo v. Fire Insurance ExchangeCalifornia Supreme Court · 1986
- Swaffield v. Universal Ecsco Corp.California Court of Appeal · 1969
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