Legal Opinion

Goolsby v. Forum Printing Co.

North Dakota Supreme Court

Decided March 22, 1912PublishedCited by 3 opinions

Appeal by defendant from a judgment of tbe District Court for Richland County, Frank P. Allen, J., and from an order denying a new trial in an action to recover damages for an alleged liability. The retraction was full and fair, and, independently of the statute, entitled to consideration in mitigation of damages. White v. Sun Pub. Co. 164 Ind. 426, 73 N. E. 890; Taylor v. Hearst, 107 Cal. 262, 40 Pac. 392. The retraction published was not full and fair.

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Appeal by defendant from a judgment of tbe District Court for Richland County, Frank P. Allen, J., and from an order denying a new trial in an action to recover damages for an alleged liability. The retraction was full and fair, and, independently of the statute, entitled to consideration in mitigation of damages. White v. Sun Pub. Co. 164 Ind. 426, 73 N. E. 890; Taylor v. Hearst, 107 Cal. 262, 40 Pac. 392. The retraction published was not full and fair. Palmer v. Mahin, 57 C. C. A. 41, 120 Eed. 737; Gray v. Minnesota Tribune Co. 81 Minn. 333, 84 N. W. 113; Hotchkiss v. Oliphant, 2 Hill, 510.…

1Per curiam

Action to recover damages for libel, the complaint alleging that defendant libeled plaintiff by publishing a defamatory article concerning him in its newspaper. The answer admits that it published the article as alleged and that the same was false, but alleges that it made a full and fair retraction within three days after its falsity was discovered and that there was no malice in its publication. A verdict was directed for plaintiff, leaving the assessment of damages to the jury, which damages were assessed at $500. Judgment was entered on the verdict and from such judgment and from an order…

2Cases cited2 opinions

  1. Palmer v. MahinCourt of Appeals for the Eighth Circuit · 1903
  2. Gray v. Minnesota Tribune Co.Supreme Court of Minnesota · 1900

3Cited by3 opinions

  1. Brogan v. Passaic Daily NewsSupreme Court of New Jersey · 1956
  2. Twin Coast Newspapers, Inc. v. Superior CourtCalifornia Court of Appeal · 1989
  3. Brogan v. Passaic Daily NewsSupreme Court of New Jersey · 1956

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