Thompson v. Powning
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Washoe County. The facts are stated in the opinion. I. For tbe publication of a defamatory libel the law gives an action and permits but two defenses: the truth of the libel, and that it was privileged.
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Appeal from the District Court of the Second Judicial District, Washoe County. The facts are stated in the opinion. I. For tbe publication of a defamatory libel the law gives an action and permits but two defenses: the truth of the libel, and that it was privileged. For the purpose of maintaining the action in the absence of legal excuse, the law infers malice, and only allows proof or pleading relative to' actual malice, or bad intent, in mitigation of primitive as distinguished from compensatory damages. (Bush v. Prosser, 11 N. Y. 356; Wilson v. Noonan, 35 Wis. 321.) II. Whatever is relied…
1Opinion of the Court
By the Court,
Hawley, J.:
This is an action of libel brought by plaintiff to recover ten thousand dollars damages claimed to have been sustained by him on account of the alleged malicious publication by defendant, in the Reno State Journal, of an article headed “ Carson Correspondence.” The portion of the article complained of reads as follows:
“The town talk is the tongue-lashing of Deacon Parkinson on Washoe’s ex-senator Thompson. The reverend gentleman denounces him as a scoundrel and other choice epithets, and even insinuated that the ex-senator had sold potatoes and the sacks contained…
2Cases cited24 opinions
- Sanderson v. . CaldwellNew York Court of Appeals · 1871
- Buckley v. KnappSupreme Court of Missouri · 1871
- Johnson v. BrownWest Virginia Supreme Court · 1878
- Bush v. . ProsserNew York Court of Appeals · 1854
- Sanford v. . BennettNew York Court of Appeals · 1861
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- Lauder v. JonesNorth Dakota Supreme Court · 1904
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