Legal Opinion

Detroit Daily Post Co. v. McArthur

Michigan Supreme Court

Decided April 14, 1868PublishedCited by 58 opinions

Error to "Wayne Circuit. Tkis was an action to recover damages for tke publication, by defendants, in their newspaper in Detroit, of an alleged libel, concerning plaintiff. The plea was the general issue, with notice of justification. The defendants requested the court to charge the jury that punitive or exemplary damages could not be received against them; they being a corporation.

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Error to "Wayne Circuit. Tkis was an action to recover damages for tke publication, by defendants, in their newspaper in Detroit, of an alleged libel, concerning plaintiff. The plea was the general issue, with notice of justification. The defendants requested the court to charge the jury that punitive or exemplary damages could not be received against them; they being a corporation. The court refused so to do, but did charge the jury that if the defendants published the libel maliciously, or recklessly, that they were at liberty to give exemplary damages, with reference to all the…

1Opinion of the Court

Campbell J.

These cases come up on the same questions, the action below in each of them being for libel, and the charge in each having been identical in all its legal bearings.

The errors alleged refer to the rule of damages, which it is claimed was so laid down as to subject plaintiffs in error to be charged with exemplary damages; and this, they insist, was not authorized as the case stood before the court and jury. Their corporate character is relied on, among other things, as modifying and limiting their responsibility. It is not urged that a printing and publishing company, engaged in the…

2Cited by58 opinions

  1. Kewin v. Massachusetts Mutual Life Insurance CompanyMichigan Supreme Court · 1980
  2. Davis v. HearstCalifornia Supreme Court · 1911
  3. Goddard v. Grand Trunk RailwaySupreme Judicial Court of Maine · 1869
  4. Missouri Pacific Railway Co. v. RichmondTexas Supreme Court · 1889
  5. Scripps v. ReillyMichigan Supreme Court · 1878

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