Buckley v. Knapp
Supreme Court of Missouri
Appeal from, St. Louis. Circuit Court. I. The deposition of John N. Edwards, proving that the defendants bad nothing to do with the composition or publication of the alleged libel, and in fact knew nothing about it until after it appeared in the Republican, was proper evidence to rebut malice in fact, and also “to enable the jury to estimate the probable quantum of injury sustained.” (2 Stark.
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Appeal from, St. Louis. Circuit Court. I. The deposition of John N. Edwards, proving that the defendants bad nothing to do with the composition or publication of the alleged libel, and in fact knew nothing about it until after it appeared in the Republican, was proper evidence to rebut malice in fact, and also “to enable the jury to estimate the probable quantum of injury sustained.” (2 Stark. Sland. 78; Thornton v. Stephen, 2 Moo.dy & R. 45-6; Richards v. Richards, id. 558.) And this evidence was proper in mitigation of damages under the justification. (Chalmers v. Shaekell, 6 Carr. & P. 475…
1Opinion of the CourtWagnee, Judge
Plaintiff brought her' action in the Circuit Court, claiming $25,000 damages, on account of a libel imputing a want of chastity to her, published in the St. Louis Republican, of which paper the defendants were the proprietors and owners.
The defendants answered, admitted the publication, justifying it as true, and alleging that the plaintiff had, before the publication of the article, committed and been guilty of fornication; that-she was of bad fame, reputation and credit for chastity, and that she was so wanting in chastity, modesty and womanly innocence that she could not be, and was not,…
2Cases cited16 opinions
- Goetz v. AmbsSupreme Court of Missouri · 1858
- Kennedy v. North Missouri RailroadSupreme Court of Missouri · 1865
- Birchard v. BoothWisconsin Supreme Court · 1856
- Bell v. MorrisonMississippi Supreme Court · 1854
- Franz v. HilterbrandSupreme Court of Missouri · 1869
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3Cited by89 opinions
- Smith v. WadeSupreme Court of the United States · 1983
- Sanders v. Daniel International Corp.Supreme Court of Missouri · 1984
- Callahan v. IngramSupreme Court of Missouri · 1894
- Lampert v. Judge & Dolph Drug Co.Supreme Court of Missouri · 1911
- Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
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