Legal Opinion · Concurrence

Smith v. Times Publishing Co.

Supreme Court of Pennsylvania

Decided January 4, 1897No. Appeal, No. 212Published

Appeal, No. 212, July T., 1895, by defendant, from judgment of C. P. No. 3, Pbila, Co., Sept. T., 1892, No. 549, on verdict for plaintiff. /Sterrett, C. J., and Dean, J., concurred in the decision, but the former also favored sustaining the fourth assignment of >error, and the latter favored reversing on the fourth assignment of error alone, and dissented from so much of the opinion of the court as held the act of May 20, 1891, constitutional. Trespass for libel.

Read the full summary

Appeal, No. 212, July T., 1895, by defendant, from judgment of C. P. No. 3, Pbila, Co., Sept. T., 1892, No. 549, on verdict for plaintiff. /Sterrett, C. J., and Dean, J., concurred in the decision, but the former also favored sustaining the fourth assignment of >error, and the latter favored reversing on the fourth assignment of error alone, and dissented from so much of the opinion of the court as held the act of May 20, 1891, constitutional. Trespass for libel. Before Gordon, J. The alleged libelous matter was contained in two articles, published in the “Times” on the second and third days…

1Concurrence

Opinion by

Mr. Justice Williams,

I fully concur, in the disposition made of this case, and am satisfied that the opinion of the court just filed affords a complete vindication of the judgment. But we have rested our action on the authority conferred by the second section of the act of May 20, 1891. This is the first occasion on which we have availed ourselves of this provision. Its constitutionality has been gravely questioned. The hesitancy of this court about accepting the responsibility which the exercise of the power coii*504ferred by this statute necessarily involves, has naturally been…

2Cases cited12 opinions

  1. Kennon v. GilmerSupreme Court of the United States · 1889
  2. Arkansas Valley Land & Cattle Co. v. MannSupreme Court of the United States · 1889
  3. Kelber v. Pittsb. N. Plow Co., Pennsylvania Court of Common Pleas, Alleghany County1892
  4. Cochran v. EldridgeSupreme Court of Pennsylvania · 1865
  5. President for erecting a Bridge over the River Lehigh v. Lehigh Coal & Navigation Co.Supreme Court of Pennsylvania · 1833

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API