Gloria
Gloria v. a Colonia Portuguesa
Opinion
Lead Opinion
Gans, J.
Respondent was awarded damages in an action for libel instituted against A Colonia Portuguesa, a newspaper, Arthur V. Avila, its editor, and several others, but which was dismissed during trial as to all defendants except the newspaper and its editor, against whom the damages were awarded, and the newspaper has appealed.
The verdict of the jury was that respondent recover from the newspaper $10,000 compensatory and $1,000 punitive damages, and from the editor $5,000 compensatory and $5,000 punitive damages. Judgment was entered accordingly, and on May 28, 1931, the court made and filed the following order on motion for a new trial: “It appearing to the satisfaction of the court that the damages awarded are excessive and that the verdict is irregular in attempting to apportion compensatory damages between the defendant A Colonia Portuguesa, a corporation, and Arthur Y. Avila, now therefore it is ordered that if within five (5) days plaintiff files his written consent to a modification of the judgment so that the same will award as compensatory damages the sum of $2,000.00 against said defendants jointly and severally and as punitive damages the sum of $1,000.00 against the…