Tucker v. Kilgore

PALMORE, Judge.

Robert Kilgore, a Louisville policeman, brought this, action against C. Ewbank Tucker, a bishop of the Zion Methodist Episcopal Church, for libel. He recovered $3,000 compensatory and $1500 punitive damages. The jury found against the bishop on his counterclaim for assault and battery. He appeals on the grounds that the evidence was insufficient to support the amount of the verdict and that the trial court erred in refusing to give an instruction on qualified privilege and in overruling his motion for a mistrial.

In December of 1961 the Alpha Phi Alpha Fraternity held a national…