Legal Opinion

Conroy v. Pittsburgh Times

Supreme Court of Pennsylvania

Decided January 5, 1891No. 232PublishedCited by 48 opinions

APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY. No. 232 October Term 1890, Sup. Ct.; court below, No. 608 June Term 1887, C. P. No. 1. On June 1, 1887, a summons was served in trespass brought by Michael Conroy against the Times Publishing Company, afterwards amended to the Pittsburgh Times.

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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY. No. 232 October Term 1890, Sup. Ct.; court below, No. 608 June Term 1887, C. P. No. 1. On June 1, 1887, a summons was served in trespass brought by Michael Conroy against the Times Publishing Company, afterwards amended to the Pittsburgh Times. On January 6, 1888, the plaintiff filed a statement of claim, verified by affidavit, setting forth that, on May 3,1887, the defendant composed, printed and published, or caused to be composed, printed and published “ in a certain newspaper, printed and published in the city…

1Opinion of the Court

OPINION,

Me. Justice Mitchell :

A privileged communication is defined as one made upon a proper occasion, from a proper motive, and based upon reasonable or probable cause: Briggs v. Garrett, 111 Pa. 404, 414. Perhaps there ought also to be added, that it should be made in a proper manner, for if the manner be improper the privilege is lost. The publication complained of by appellant charges an indictable offence, and is libelous per se. It may be conceded that it belongs to the class of qualified privilege. In such cases it is common to say that the plaintiff must prove express malice. I…

2Cases cited7 opinions

  1. Briggs v. GarrettSupreme Court of Pennsylvania · 1886
  2. Neeb v. HopeSupreme Court of Pennsylvania · 1886
  3. Pittock & Mills v. O'NiellSupreme Court of Pennsylvania · 1870
  4. Barr v. MooreSupreme Court of Pennsylvania · 1878
  5. Press Co. v. StewartSupreme Court of Pennsylvania · 1888

2 more not listed; retrieve them via the Exa API.

3Cited by48 opinions

  1. Corabi v. Curtis Publishing Co.Supreme Court of Pennsylvania · 1971
  2. Myers v. HodgesSupreme Court of Florida · 1907
  3. Hepps v. Philadelphia Newspapers, Inc.Supreme Court of Pennsylvania · 1984
  4. Purcell v. Westinghouse Broadcasting Co.Supreme Court of Pennsylvania · 1963
  5. Baird v. Dun & Bradstreet, Inc.Supreme Court of Pennsylvania · 1971

43 more not listed; retrieve them via the Exa API.

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