Kalabany v. News Syndicate Co.

PATTERSON, District Judge.

The motion is by the plaintiff for a bill of particulars. The action is for libel because of a news article concerning the plaintiff whieh the defendant published in its newspaper. Damages in a very large figure are demanded. After pleading privilege, in that the article complained of was a fair and true report of judicial proceedings published without malice, the defendant in its answer sets up as a further defense, in mitigation of damages, that the facts set forth in the article were communicated to the defendant from trustworthy sources and were believed to be…