Hearne

This is an appeal from a judgment based upon the verdict of a jury awarding to the plaintiff, and jointly I against both defendants, the sum of ten thousand dollars damages for the publication in the San Francisco Chronicle of an alleged libel. The appeal is also prosecuted from an order denying a motion for a new trial. The defendant De Young was the proprietor and publisher, and the defendant Blunt was the San Diego City correspondent, of the paper. The article in question was -written by Blunt and forwarded to San Francisco, where it was published without the knowledge of De Young.

The article deals with two occurrences, happening at different times and different places. It opens with a statement of fact that in an action for divorce, brought by the wife of the plaintiff upon a complaint charging extreme cruelty and failure to provide, a decree had been rendered in her favor. Among other *672 things, the article recited the following: “At the trial, evidence was elicited showing the doctor to he a man of most ungovernable temper, the use of profane and abusive language being one of the offenses charged, but such incidents as. the hurling of dishes at his wife when engaged in…