Lyon

Lyon v. Fairweather

Good Law
1923 Cal. App. LEXIS 206·63 Cal. App. 194·218 P. 477
Court of Appeal of CaliforniaJuly 25, 1923Civ. No. 4554.California1,045 words

Opinion

Lead Opinion

Sturtevant, J.

The plaintiff commenced an action against the defendants to recover damages for an alleged libel. The defendants answered and a trial was had in the lower court, the judge thereof sitting without a jury. The plaintiff was awarded damages in the sum of $750, and from the judgment the defendants- have appealed.

In his complaint the plaintiff alleged that the defendants published an article in their newspaper, the “Reedley Exponent, ’ ’ an article of and concerning the plaintiff, which the plaintiff alleged to be libelous. In their answer the defendants denied certain of the allegations of the plaintiff’s complaint and pleaded affirmatively that the article in question was a fair and truthful report of a judicial proceeding. The trial court made findings that the defendants were not guilty of malice in fact, but otherwise the findings were in favor of the plaintiff.

Some time prior to the month of October, 1919, the Reedley Telephone Company had made application to the Railroad Commission for an increase of its rates. A hearing on that application was about to be had and those persons who were opposed to the granting of the application w.ere desiring to obtain a continuance. In…

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