Smith v. Times Publishing Co.
Supreme Court of Pennsylvania
Appeal, No. 212, July T., 1895, by defendant, from judgment of C. P. No. 3, Pbila, Co., Sept. T., 1892, No. 549, on verdict for plaintiff. /Sterrett, C. J., and Dean, J., concurred in the decision, but the former also favored sustaining the fourth assignment of >error, and the latter favored reversing on the fourth assignment of error alone, and dissented from so much of the opinion of the court as held the act of May 20, 1891, constitutional. Trespass for libel.
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Appeal, No. 212, July T., 1895, by defendant, from judgment of C. P. No. 3, Pbila, Co., Sept. T., 1892, No. 549, on verdict for plaintiff. /Sterrett, C. J., and Dean, J., concurred in the decision, but the former also favored sustaining the fourth assignment of >error, and the latter favored reversing on the fourth assignment of error alone, and dissented from so much of the opinion of the court as held the act of May 20, 1891, constitutional. Trespass for libel. Before Gordon, J. The alleged libelous matter was contained in two articles, published in the “Times” on the second and third days…
1Concurrence
Concurring opinion or
Sterrett, C. J.,
It is impossible for any one to calmly and dispassionately consider this record, including the testimony, etc., incorporated in the bill of exceptions, without being forced to the conclusion that the trial of this case resulted in a miscarriage of justice, due partly to error of the court, both before and after verdict, and partly to the abrupt withdrawal of the defendants and their counsel from the court room before all the testimony was introduced. The error “ before ” verdict, as recited in the fourth specification, consists in what the learned trial…
2Cases cited18 opinions
- Wynehamer v. . the PeopleNew York Court of Appeals · 1856
- Railroad Co. v. FraloffSupreme Court of the United States · 1879
- Byers & Davis v. CommonwealthSupreme Court of Pennsylvania · 1862
- Gray v. CommonwealthSupreme Court of Pennsylvania · 1882
- North Pennsylvania Coal Co. v. SnowdenSupreme Court of Pennsylvania · 1862
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