Mulderig v. Wilkes-Barre Times
Supreme Court of Pennsylvania
Appeal, No. 115, Jan. T., 1906, by plaintiff, from order of C. P. Luzerne Co., May T., 1901, No. 370, refusing to take off nonsuit in case of M. J. Mulderig v. Wilkes-Barre Times. Trespass for libel. Before Wheaton, J. The publication complained of was as follows: “ A weekly contemporary has suggested the dropping of the Dillionis ease, a much to be desired result, but the prosecutors of that much abused man will not let the matter drop.
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Appeal, No. 115, Jan. T., 1906, by plaintiff, from order of C. P. Luzerne Co., May T., 1901, No. 370, refusing to take off nonsuit in case of M. J. Mulderig v. Wilkes-Barre Times. Trespass for libel. Before Wheaton, J. The publication complained of was as follows: “ A weekly contemporary has suggested the dropping of the Dillionis ease, a much to be desired result, but the prosecutors of that much abused man will not let the matter drop. And as the principle of free speech, so dear to all Americans is involved, the matter must be fought out with these ignorant foreigners until they are taught…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
That the publication complained of by the appellant tended to expose him to contempt, ridicule, hatred and derogation of character, must be admitted. If it was malicious, it was libelous. It must be adjudged malicious, except it be s'hown to be true or justifiably made. Its truth was not asserted, and dare not be assumed. Though untrue, it might yet have been justifiably made. -If a privileged communication, it was justifiable, and the publisher of it may not be held legally answerable. It was a privileged communication if made upon proper occasion, through…
2Cases cited2 opinions
- Conroy v. Pittsburgh TimesSupreme Court of Pennsylvania · 1891
- Neeb v. HopeSupreme Court of Pennsylvania · 1886
3Cited by18 opinions
- Washington Times Co. v. BonnerCourt of Appeals for the D.C. Circuit · 1936
- Hepps v. Philadelphia Newspapers, Inc.Supreme Court of Pennsylvania · 1984
- Cook v. East Shore Newspapers, Inc.Appellate Court of Illinois · 1945
- O'Donnell v. Philadelphia Record Co.Supreme Court of Pennsylvania · 1946
- Sprague v. WalterSupreme Court of Pennsylvania · 1988
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