Taylor

This is a second appeal. The facts are substantially the same as those considered upon the first appeal. They will be found set forth at length in Taylor v. Hearst, 107 Cal. 262 .

It will he observed that the question of express malice, which may he evidenced either by a willful intent to injure, or by gross carelessness, was, under tbe facts and tbe law as laid down in tbe former opinion, entirely removed from the ease. This was the view taken by the trial court, and the jury was so instructed.

Plaintiff’s recovery, therefore, was limited to compensatory damages. Certain questions asked of defendant’s witnesses were ruled out under objections. These questions were addressed to the good faith of the publication, and to the negligence pf the publisher. But good faith and reasonable care are pertinent inquiries where the question of punitive damages is involved, not where, the matter being libelous per se and its publication admitted, the recovery is expressly limited to compensatory damages. Por a plaintiff under such facts is entitled to compensatory damages, without regard to the good faith or caution which attended the publication. (Wilson v. Fitch, 41 Cal. 363 ; Taylor v.…