Palmer v. Leader Publishing Co.
Superior Court of Pennsylvania
Appeal, No. 154, April T., 1898, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1898, No. 274, on verdict for plaintiff. Trespass for libel. Before Stowe, P. J. It appears from the evidence that a publication charged the plaintiff with bad faith, falsehood, breach of trust, and the theft from his employers of almost half a million dollars, and with being a fugitive from justice.
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Appeal, No. 154, April T., 1898, by plaintiff, from judgment of C. P. No. 1, Allegheny Co., Dec. T., 1898, No. 274, on verdict for plaintiff. Trespass for libel. Before Stowe, P. J. It appears from the evidence that a publication charged the plaintiff with bad faith, falsehood, breach of trust, and the theft from his employers of almost half a million dollars, and with being a fugitive from justice. The plaintiff did not go upon the stand nor give any evidence except to prove the publication and the circulation of the newspaper. At the trial the plaintiff’s character and standing were not…
1Opinion of the Court
Opinion by
Rice, P. J.,
Even if no evidence be offered by the plaintiff, as to damages, it is undoubtedly true that the jury are in no way bound to give nominal damages only; they may read the libel, and give such substantial damages as will compensate the plaintiff for such defamation: Odgers on Libel and Slander, *293. But we know of no rule of law which forbids them to give nominal damages only where there is no evidence of actual malice and no evidence of actual injury to the plaintiff in his business or social relations, or otherwise, to guide the jury in estimating his damages. An award of…
2Cited by24 opinions
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- Carpenelli v. Scranton Bus Co.Supreme Court of Pennsylvania · 1944
- Paustenbaugh v. Ward Baking Co.Supreme Court of Pennsylvania · 1953
- Nikisher v. BenningerSupreme Court of Pennsylvania · 1954
- Hammaker v. Watts TownshipSuperior Court of Pennsylvania · 1919
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