Legal Opinion
Kirby v. Pittsburgh Courier Pub. Co.
Court of Appeals for the Second Circuit
Decided July 3, 1945No. 357PublishedCited by 4 opinions
1Opinion of the Court
FRANK, Circuit Judge.
1. We see no merit in defendant’s contention that it had a privilege if the publication of August 7, 1943 were made in good faith. Whether that publication would have been privileged had it been an attempted interpretation of an official record we need not consider; for, at best, it was based upon a mere conversation between Rowe and a member of the draft board. Moreover, the jury, as it had a right to do, may have disbelieved Buchanan. Since there was no privilege, plaintiff was not obliged to show actual malice in order to recover compensatory damages.
2. Defendant’s…
2Cases cited5 opinions
- Holmes v. . JonesNew York Court of Appeals · 1890
- Cruikshank v. . GordonNew York Court of Appeals · 1890
- Marx v. Press Publishing Co.New York Court of Appeals · 1892
- Willard v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Walling v. Commercial Advertiser Ass'nAppellate Division of the Supreme Court of the State of New York · 1916
3Cited by4 opinions
- Villanueva v. Hernández ClassSupreme Court of Puerto Rico · 1991
- Wright v. Grove Sun Newspaper Co., Inc.Supreme Court of Oklahoma · 1994
- Wright v. Grove Sun Newspaper Co., Inc.Supreme Court of Oklahoma · 1994
- Wright v. Grove Sun Newspaper Co., Inc.Supreme Court of Oklahoma · 1994