Croasdale v. Bright

11 Del. 52

• Court: Superior Court of Delaware
• Decided: July 5, 1880
• Status: Published

Opinion

The Court, Comegys, C. J., charged the jury.

This is an action for libel by William T. Croasdale, the plaintiff, against William Bright, the defendant, to recover damages for the alleged publication by him of the paper which had been read in evidence to you as such by the counsel for the plaintiff. A libel has been defined by this court to be a malicious publication in printing, writing, signs or pictures imputing to another something which has a tendency to injure his reputation, to disgrace or degrade him in society, to lower him in the esteem and opinion of the world, or to bring him into public hatred, contempt or ridicule. Layton v. Harris, 3 Harr., 406. And in this case we can have no hesitation in saying to you that this paper is a libel, for it comes within the definition which I have just read to you? and must be considered a libel and actionable as such, so far as that matter merely is concerned or involved as a question in the case.

But the more important and controverted question in the case is, did the defendant publish it in the only manner alleged and complained of by the plaintiff, in the two newspapers mentioned, the Delaware Republican and the Delaware Gazette, in the city of Wilmington ? Before you can find a verdict against the defendant, you must be satisfied from the proof in the case, and from that alone, that he authorized, adopted, or recognized the publication of it, though made by another; for, if he did authorize, adopt, or recognize the publication of it, he is as liable in this action for it as if he had delivered it to the newspapers himself, and it makes no difference that he did not sign his name to it. If a paper is a libel, it is none the less so because no name is signed to it, if it is proved that it was put in circulation, directly or indirectly by the person charged with the publication of it.

In refusing to non-suit the plaintiff, the court did not say, or mean to say, or intimate, that there was sufficient proof before you to connect the defendant with the publication of it, but we simply meant that there seemed to us to be some proof as to that fact that should go to the jury to be considered and determined by them, and whenever there is any material evidence, however slight, in support of the declaration, it is the practice of the court to decline to non-suit the plaintiff in any action, and which is a matter always addressed to their discretion; but leaving it to the jury to say, as we now do in this case, whether you consider after all of the proof which you have heard, that there is any such evidence in the case, and if any, whether it is sufficient to warrant you in finding a verdict against the defendant. Upon this point you are not to be influenced or governed by any inference to be drawn from the bare fact that we did not non-suit the plaintiff, but by your own judgment alone in reference to that matter; for you only are to try this, as well as all other questions of fact in the case. If you do not find, from all the evidence before you that the defendant was a participator in the fact of publication, your verdict should be for him, but should you so find, the plaintiff will be entitled to your verdict.

If you find for the plaintiff, the paper being libellous and tending to vilify, defame, and injure him, it is to be treated by you as malicious, and he is entitled to recover damages for it, there being no plea by the defendant but that of not guilty. In a case of malicious libel, damages are in the discretion of the jury, who, however, will always be guided in their determination of the amount by circumstances. Where actual damage is proved (which is not the case here) that fact may be taken into consideration. Where no sort of excuse or palliation is proved, and the libel is a gross one, that should be taken into account by way of enhancement; but, where any such does appear, it should by no means be disregarded. The paper proved by the plaintiff itself shows that there was something done by the newspaper with which the plaintiff is connected, by way of attack on the insurance company and its officers, of whom the defendant is chief. Now, in this case the defendant, under the plea of not guilty, would not be allowed to offer any sort of proof whatever in mitigation of damages, but the paper which is laid before yoü by the plaintiff, and for the publication of which he asks you to give him a verdict, shows that it was made and published because of what is here alleged to be “ the repeated and persistent attacks upon the Delaware State Mutual Eire and Marine Insurance Company, and its officers, by the Every Evening, through its editor, William T. Croasdale.” You have, therefore, just the same case as if that had not appeared in the paper; and yet the defendant, under a proper plea, had produced proof to you that this libel was published in consequence of these persistent attacks upon them as officers of that corporation by the plaintiff in this action. What the attacks were, of course, we do not know, for there is no proof of them, but there was no effort on the part of the plaintiff to deny that these attacks were made, but he has submitted a paper to you which speaks of these “ persistent at tacks.” This, independent of anything of that kind, would appear to be a gross and outrageous libel, but you are to take these things into consideration. The case is before you to be disposed of; as we have stated to you in a case of malicious libel, the damages are in the discretion of the jury, under the circumstances of the case, and the obligation of the oath which you have taken.

The defendant had a verdict.