Lambert v. Cowles
Washington Supreme Court
Appeal from a judgment of the superior court for Spokane county, Sullivan, J., entered September 16, 1912, upon the verdict of a jury rendered in favor of the defendant, in an action for newspaper libel.
1DissentGose, J.
(dissenting) — The court correctly instructed the jury that the article was libelous per se. The charge was that the appellant “and his active followers have been the friends of favored contractors.” This is a vague and indefinite charge of official corruption, and under all of the authorities, a plea of justification must state the facts upon which the pleader rests his defense. The question is, how were the contractors favored? The law demands facts, not inferences or conclusions. If the respondent had knowledge of any specific facts which justified the charge, he should have pleaded'them.…
2Cases cited5 opinions
- Wachter v. . QuenzerNew York Court of Appeals · 1864
- Fenstermaker v. Tribune Publishing Co.Utah Supreme Court · 1895
- Stark v. Publishers George Knapp & Co.Supreme Court of Missouri · 1901
- Dever v. ClarkSupreme Court of Kansas · 1890
- Campbell v. IrwinIndiana Supreme Court · 1897