Vingi v. Lisianski Packing Co.
District Court, D. Alaska
This is a suit against Ed. C. Russell,, proprietor and publisher of the Alaska Daily Dispatch, and the Disianski Packing Company and J. H. Cann, its agent, for damages for a libel which was alleged to have been published in the Dispatch at the instigation and request of said Packing Company and Cann. The action is against the defendants jointly, and recovery is sought for $1,500 compensatory damages and $1,000 punitive damages.
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This is a suit against Ed. C. Russell,, proprietor and publisher of the Alaska Daily Dispatch, and the Disianski Packing Company and J. H. Cann, its agent, for damages for a libel which was alleged to have been published in the Dispatch at the instigation and request of said Packing Company and Cann. The action is against the defendants jointly, and recovery is sought for $1,500 compensatory damages and $1,000 punitive damages. Defendants made separate appearances and filed separate answers. At the trial a nonsuit was granted as to the Lisianski Packing Company, but there was evidence…
1Opinion of the Court
JENNINGS, District Judge.
In support of the motion for a new trial three considerations are urged: (1) The verdict is essentially contradictory in this, to wit, by finding only nominal damages the jury find no malice, and by finding punitive damages they find express malice.' (2) There can be no punitive damages where only nominal compensatory damages are recovered. (3) There can be no severance of joint tort-feasors. As there are several of these libel suits now pending in this court, I think it proper to set forth my views at some length.(1) Malice in libel suits:
I do not think the point is…
2Cases cited17 opinions
- Davis v. HearstCalifornia Supreme Court · 1911
- Washington Gas Light Co. v. LansdenSupreme Court of the United States · 1899
- Holmes v. . JonesNew York Court of Appeals · 1890
- St. Louis Southwestern Railway Co. v. ThompsonTexas Supreme Court · 1908
- Ala. Great Southern Railroad v. SellersSupreme Court of Alabama · 1890
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3Cited by2 opinions
- Fitchette v. Sumter Hardwood Co.Supreme Court of South Carolina · 1928
- Roden v. Empire Printing CompanyDistrict Court, D. Alaska · 1955