Stuart v. News Publishing Co.

The opinion of the court was delivered by

Fort, J.

This was a suit for libel tried at the Passaic Circuit, with a verdict for the plaintiff for $500, and, upon the coming in of the postea, judgment was entered thereon. The errors assigned are to the charge and the refusals to charge of the justice at the Circuit.

That the matter published was libelous was not disputed.

The defendant set up three matters in justification to the whole action.

First. That the stories of the charge made in the publication were common rumor in Passaic.

Second. That two affidavits charging the plaintiff with the offence…