Logan v. . Hodges
Supreme Court of North Carolina
Civil ACTION to recover damages for publication of a libel, tried before Moore, J., and a jury, at April Term, 1907, of YadeiN Superior Court.
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Civil ACTION to recover damages for publication of a libel, tried before Moore, J., and a jury, at April Term, 1907, of YadeiN Superior Court. At tbe conclusion of tbe evidence, upon an intimation from bis Honor that be would cliarge tbe jury that, if they believed tbe evidence, tbe mailing of tbe postal card declared upon was qualifiedly privileged; that tbe burden of showing malice was upon the plaintiff, and that there was no evidence of actual malice, the plaintiff, having duly excepted, submitted to a nonsuit and appealed.
1Opinion of the Court
CLARK, C. J., and WALKER and CONNOR, J. J., concurring. At the conclusion of the evidence, upon an intimation from his Honor that he would charge the jury that, if they believed the evidence, the mailing of the postal card declared upon was qualifiedly (39) privileged, that the burden of showing malice was upon the plaintiff, and that there was no evidence of actual malice, the plaintiff, having duly excepted, submitted to a nonsuit and appealed. As gathered from the record, the facts upon which the plaintiff bases his right of action are as follows: The plaintiff was the treasurer of Yadkin…
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