Southern Pub. Co. v. Foster

This is a suit for libel. W. S. Foster sued the Southern Publishing Company for damages growing out of the publication of a matter connecting him with a suit filed in the district court of McLennan county. The case was submitted to the jury upon special issues and based upon the findings of the jury to the special issues a judgment was entered in favor of plaintiff in the sum of $2,500. The Court of Civil Appeals affirmed the judgment of the trial court. 36 S.W.(2d) 231.

At the conclusion of the evidence, plaintiff in error requested the court to instruct the jury peremptorily to return a…