Post Pub. Co. v. Hallam
Court of Appeals for the Sixth Circuit
In Error to the Circuit Court of the United States for the Western Division of the Southern District of Ohio. At Law. Action by Theodore F. Hallam against the Post Publishing Company for libel. Verdict for plaintiff. Motion for new trial denied, (55 Fed. 456,) and judgment for plaintiff entered on verdict. Defendant brings error.
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In Error to the Circuit Court of the United States for the Western Division of the Southern District of Ohio. At Law. Action by Theodore F. Hallam against the Post Publishing Company for libel. Verdict for plaintiff. Motion for new trial denied, (55 Fed. 456,) and judgment for plaintiff entered on verdict. Defendant brings error. Statement by TAFT, Circuit Judge; This was a writ of error to reverse the judgment of the circuit court in favor of Theodore F. Plallam against the Post Publishing Company for $2,-500 for libel. After the proper averments of jurisdiction, the petition of the…
1Opinion of the CourtTaft, Circuit Judge
It is first assigned for error that the circuit court admitted in evidence the article in the Kentucky Post. This was proper. The article was. relevant for the purpose of showing malice. By the weight of authority, prior and contemporaneous publications of the same libel, other than that declared on, are competent evidence to show malice, whether such other publications may themselves be made the basis of recovery in separate suits or not; and the danger of a double recovery for the same publications is to be avoided by a caution from the court that damages are to be allowed only for the…
2Cases cited27 opinions
- Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
- Burt v. Advertiser Newspaper Co.Massachusetts Supreme Judicial Court · 1891
- Denver & Rio Grande Railway v. HarrisSupreme Court of the United States · 1887
- Bogk v. GassertSupreme Court of the United States · 1893
- Hamilton v. . EnoNew York Court of Appeals · 1880
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3Cited by65 opinions
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Coleman v. MacLennanSupreme Court of Kansas · 1908
- Aafco Heating & Air Conditioning Co. v. Northwest Publications, Inc.Indiana Court of Appeals · 1974
- Washington Times Co. v. BonnerCourt of Appeals for the D.C. Circuit · 1936
- O'Brien v. Western Union Telegraph Co.Court of Appeals for the First Circuit · 1940
60 more not listed; retrieve them via the Exa API.