Gandia v. Pettingill, 222 U.S. 452 (1912)

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Gandia v. Pettingill

No. 97

Argued December 14, 1911
Decided January 9, 1912
222 U.S. 452

ERROR TO THE DISTRICT COURT

OF THE UNITED STATES FOR PORTO RICO

Syllabus

In the absence of express malice or excess, publication of actual facts is not libelous, and in case of mere excess without express malice, the only liability is for damages attributable to the excess, and refusal of the trial court to charge to this effect is error.

Quaere whether attributing to a person conduct that is lawful can be libelous.

The stricter practice is to note the exceptions before the jury retires, but if all the exceptions are noted in open court after jury returns and no wrong is suffered, an exception will not be sustained on that ground.

4 P.R.F. 383 reversed.

The facts are stated in the opinion.