Ferber v. Gazette & Bulletin Publishing Ass'n
Supreme Court of Pennsylvania
Appeal, No. 308, Jan. T., 1904, by plaintiff, from judgment of C. P. Lycoming Co., June T., 1901, No. 353, on verdict fordefendant in case of H. V. Ferber v. Gazette and Bulletin Publishing Association. Trespass for libel. Before Hart, P. J. At the trial it appeared that plaintiff was a writ server connected with an alderman’s office. In the publication complained of he was charged with being a party with others in a scheme to blackmail.
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Appeal, No. 308, Jan. T., 1904, by plaintiff, from judgment of C. P. Lycoming Co., June T., 1901, No. 353, on verdict fordefendant in case of H. V. Ferber v. Gazette and Bulletin Publishing Association. Trespass for libel. Before Hart, P. J. At the trial it appeared that plaintiff was a writ server connected with an alderman’s office. In the publication complained of he was charged with being a party with others in a scheme to blackmail. The defense was that the article in question was based on information received from the chief of police, and was published in good faith and without malice.…
1Opinion of the Court
Per Curiam,
We find no error in the record of this case that calls for a reversal. It was submitted with the instruction that the publication charging a public officer with the commission of crimes was libelous, and that the plaintiff was entitled to recover unless it appeared from the evidence that it was substantially true in every material respect or that the defendant had reasonable grounds for belief in its truth, supported by facts and circumstances. The stress of the appellant’s argument is that, since justification had been pleaded, the defendant was not entitled to show that it made…
2Cases cited2 opinions
- Drown v. AllenSupreme Court of Pennsylvania · 1879
- Peters v. UlmerSupreme Court of Pennsylvania · 1873
3Cited by2 opinions
- McGeary v. Leader Publishing Co.Superior Court of Pennsylvania · 1912
- Whittaker v. McQueenCourt of Appeals of Kentucky · 1908