Jones

This is an appeal from a judgment of nonsuit rendered at the close of plaintiff’s case, in an action for libel. The plaintiff claims that the nonsuit was erroneously granted, since she had proved a prima facie case by showing that the published language which charged her with unchastity was libelous per se, and that under such circumstances the law presumes malice and casts the burden on the defendants to show an absence of actual malice. Respondents assert that the evidence shows that the alleged libelous language was privileged, and that the charge therein contained was true.

The defendants were jointly charged with libel in the publication of alleged false and malicious statements concerning the character of plaintiff which were made in the “Los Angeles Evening Express” on May 13 and June 2, 1922. Separate answers were filed, one by the defendant Wool-wine and the other by the remaining defendants jointly. At the close of plaintiff’s ease a nonsuit was granted as to all defendants. Pending the appeal the defendant Wool-wine died and the action survives only as to the remaining defendants. The Express Publishing Company, P. W. Kellogg and Edward A. Dickson were publishers of…