Sheahan v. Collins
Illinois Supreme Court
This was ‘an action of libel, commenced by defendant against the plaintiffs in error, in the Cook County Circuit, was tried at the November term thereof, 1857, before Manierre, Judge of said court, presiding, and a jury.
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This was ‘an action of libel, commenced by defendant against the plaintiffs in error, in the Cook County Circuit, was tried at the November term thereof, 1857, before Manierre, Judge of said court, presiding, and a jury. The libel complained of, was an article published in the Chicago Daily Times newspaper, of Dec. 24th, 1856, and is as follows, to wit: A Robber at Large.—The hack driver, John Collins, who, as we stated the other day, was arrested for robbing a countryman named Blanchard, instead of being held for trial was set at liberty, and is again ready to entrap and rob the first…
1Opinion of the CourtWalker, J.
It was insisted that the court below erred in refusing to permit defendants below, to show in evidence, that a similar publication to the one made by them had appeared in another newspaper in the city shortly before that published by them. It seems to be the doctrine that a defendant in an action for slander or libel may mitigate damages in two ways. First, by showing the general bad character of the plaintiff, and second, by proving any facts which tend to disprove malice, but which do not tend to prove the truth of the charge. Reginer v. Cabot, 2 Gilm. R. 140. Its truth can only be shown…
2Cited by10 opinions
- Montgomery v. KnoxSupreme Court of Florida · 1887
- Ransom v. McCurleyIllinois Supreme Court · 1892
- Pfister v. Milwaukee Free Press Co.Wisconsin Supreme Court · 1909
- Strader v. SnyderIllinois Supreme Court · 1873
- Gaddie v. WhittakerIllinois Supreme Court · 1931
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