Jones v. Express PubLishing Co.

THOMPSON (R. L.), J., pro tem.

This is an appeal from a judgment of nonsuit rendered at the close of plaintiff’s case, in an action for libel. The plaintiff claims that the nonsuit was erroneously granted, since she had proved a prima facie case by showing that the published language which charged her with unchastity was libelous per se, and that under such circumstances the law presumes malice and casts the burden on the defendants to show an absence of actual malice. Respondents assert that the evidence shows that the alleged libelous language was privileged, and that the charge therein…