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1 Wright 511

Newbraugh v. Curry

Ohio Supreme Court

Decided April 15, 1834

Ohio Supreme Court · decided 1834-04-15

Libel for publishing of the plaintiff in the Ohio Sun, “he has put the seal of reprobation on his own character for truth and veracity, and also I have been told he is not to be believed when under oath.” Plea, not guilty. The plaintiff having produced the paper containing the libel, and proved the publication of the piece, containing among other things, the matter declared upon, offered to read the paper.

Decided 1834-04-15

BY THE COURT.

¶1If the facts omitted do not so explain the parts declared upon, as to make its meaning other than libellous, it may be admitted, but the plaintiff need only read what he relies upon, the defence can read the residue if they wish.

¶2The plaintiff read that part of the publication declared on and rested.

¶3WRIGHT, J. Thought the piece signed by the plaintiff admissible, as showing the provocation for defendant’s publication, and *526the other also admissible on the same ground, if the court was satisfied it was the plaintiff’s.

Jolliff and Fishback for the plaintiff.Fox contra.

¶4COLLETT, C. J. Thought both inadmissible.

¶5Defendant then offered to prove that a third person told him that he heard Demitt say that Newbraugh was not to he believed when under oath.

¶6The plaintiff objected.

¶7COLLETT, C. J. Was for admitting the evidence in mitigation of damages.

¶8WRIGHT, J. If the defendant wish to prove the words true, or that he published them on the authority of another, he should have justified; but there is no plea of justification. If it be only designed to show circumstances inducing general belief in the truth of the charge, though not true, that would be admissible, but that is not the claim of the defendant; he only wants to prove that a stranger told him the plaintiff was not to be believed on oath. I think the evidence inadmissible: but as the court is divided the objection fails.

¶9The witness then testified, that he heard Demitt say before the publication, “neither me nor mine shall stand security for that man, for I would not believe him under oath.”

¶10Verdict for the plaintiff, $4.'¡’5.

¶11The plaintiff moved for a new trial, because the damages are grossly inadequate.

¶12COLLETT, C. J. Damages are for the jury; there is no certain measure of their amount. The case must be a strong one to induce the court to set aside a verdict because of the inadequacy of the damages. We do not think this case calls for our interference. Motion overruled.

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