Pittock & Mills v. O'Niell
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Allegheny county. No. 159, to October and November Term 1869. This was an action on the case for libel, to December Term 1867, by Daniel O’Niell against John W. Pittock, James Mills and James B. O’Niell. On the trial there was no evidence against J. B. O’Niell, and the court directed the jury to find a verdict for him. The other defendants were publisher and editor of a newspaper published in Pittsburg, called “ The Sunday Leader.”
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Error to the Court of Common Pleas of Allegheny county. No. 159, to October and November Term 1869. This was an action on the case for libel, to December Term 1867, by Daniel O’Niell against John W. Pittock, James Mills and James B. O’Niell. On the trial there was no evidence against J. B. O’Niell, and the court directed the jury to find a verdict for him. The other defendants were publisher and editor of a newspaper published in Pittsburg, called “ The Sunday Leader.” The publication complained of was made in the Sunday Leader, April 21st 1867, and is as follows:— “The Latest Divorce…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1870, by
Sharswood, J. —
As the rule is well expressed'by an approved elementary writer, — “ the quality of the alleged libel as it stands on the record, either simply or as explained by averments and innuendoes, is purely a question of law for the consideration of the court:” 2 Starkie on Slander and Libel 281. That this was the law in England, both1 in civil and criminal proceedings, up to 1792, was maintained so rigidly that nothing was submitted to the jury in such cases but the fact of publication and the truth of the innuendos: Rex v.…
2Cases cited5 opinions
- Hunt v. . BennettNew York Court of Appeals · 1859
- Snyder v. AndrewsNew York Supreme Court · 1849
- M'Corkle v. BinnsSupreme Court of Pennsylvania · 1812
- Hays v. BrierlySupreme Court of Pennsylvania · 1835
- Green v. TelfairNew York Supreme Court · 1854
3Cited by32 opinions
- Bogash v. ElkinsSupreme Court of Pennsylvania · 1962
- Sciandra v. LynettSupreme Court of Pennsylvania · 1963
- Purcell v. Westinghouse Broadcasting Co.Supreme Court of Pennsylvania · 1963
- Sarkees v. Warner-West Corp.Supreme Court of Pennsylvania · 1944
- Boyer v. Pitt Publishing CompanySupreme Court of Pennsylvania · 1936
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