Lupkey v. Weldon

Dissenting Opinion

STORCKMAN, Judge.

The majority opinion seems to be dominated by the mistaken concept that constitutional provisions pertaining to libel actions limit an appellate court’s review of rulings of the trial court. The libel act *95constitutes the jury the adjudicator of the law and the facts in a libel action; consequently, the trial court (as well as the appellate court) cannot direct a verdict in favor of the plaintiff.

Logically it might be contended that once the jury has exercised its prerogative to determine the issue of libel vel non the court could not disturb the finding, but…