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217 Pa. 475

Sacchetti v. Fehr

Supreme Court of Pennsylvania

Decided April 1, 1907

Supreme Court of Pennsylvania · decided 1907-04-01

Appeal, No. 222, Jan. T., 1906, by plaintiff, from judgment of C. P. Northampton Co., Dec. T., 1904, No. 41, on verdict for defendant in. case of Onofrio Sacchetti v. Oliver L. Fehr. Trespass for libel. Before Scott, J. The opinion of the Supreme Court states the case.

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1907-04-01

How this case has been cited

Cited by 4 later decisions — most recently March 1962

2 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam,

¶1The single question raised by the assignments of error relates to the measure of proof required to sustain a plea of justification in an action for libel. The instruction by the learned trial judge to the jury was that the burden was on the defendant to satisfy them by the evidence that the publication was substantially true in every material respect, but that he was not required to produce proof that would establish the guilt of the plaintiff beyond a reasonable doubt and that would warrant his conviction in a criminal court. Section 2 of the Act of *477April 11, 1901, P. L. 74 provides that: “ In all civil actions for libel the plea of justification shall be accepted as an adequate and complete defense, when it is pleaded and proved to the satisfaction of the jury as in other cases, that the publication is substantially true and is proper for public information or investigation, and has not been maliciously or negligently made.” Proof to the satisfaction of the jury “as in other cases ” means proof as in other civil cases by a preponderance of evidence, and whatever the rule may have been before, that is the measure of proof now required.

¶2The judgment is affirmed.

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