Evening News Ass'n v. Tryon
Michigan Supreme Court
Error to Superior Court of Detroit. Trespass on the case for libel. Defendant brings error.
1Opinion of the Court
Marstoí', C. J.
This was an action brought to recover ■ damages suffered by reason of the publication of a libel ous article by the plaintiff in error.
We are of opinion that the court correctly instructed the- jury upon the subject of exemplary damages. In cases like the present the publication is considered a voluntary act, and is presumed to have proceeded from malicious motives, thus entitling the plaintiff to recover *550exemplary damages. If it appears upon the trial that there was no intention in fact to injure the plaintiff, and that all proper precaution was observed in the publication of…
2Cases cited1 opinion
- Scripps v. ReillyMichigan Supreme Court · 1878
3Cited by9 opinions
- Morse v. Times-Republican Printing Co.Supreme Court of Iowa · 1904
- Paxton v. WoodwardMontana Supreme Court · 1904
- Childers v. San Jose Mercury Printing & Publishing Co.California Supreme Court · 1894
- Turton v. New York Recorder Co.New York Court of Appeals · 1894
- Wheaton v. BeecherMichigan Supreme Court · 1887
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