Westropp v. E. W. Scripps Co.

The appellant, who will be hereinafter referred to as the plaintiff, has assigned numerous claims of prejudicial error of the trial court, the mo.st important being the refusal to instruct the jury that the publication complained of was libelous per se. That issue was squarely presented to the court by a request of counsel for the plaintiff to give the following instruction before argument:

“I charge you as a matter of law that the publication of- the editorial and pictures which is the subject matter of the plaintiff’s complaint and which is set forth in her petition, was defamatory and…