The plaintiff gave evidence of malice when she proved the falsity of the libelous publication; and, in the absence of evidence on the part of the defendant tending to show that it had neither the desire nor the intention to wrong her, it would have been... The Northeastern Reporter - Page 3921892Full view - About this book
| Minnesota. Supreme Court - Law reports, digests, etc - 1887 - 618 pages
...value of the improvement, and also the testimony of experts, on both sides, to the same points, the evidence on the part of the defendant tending to show that it was of no value,, and the same was submitted to the jury under proper instructions. from the court... | |
| Law reports, digests, etc - 1906 - 1270 pages
...the court said : "The plaintiff gave evidence of malice when she proved the falsity of the libelous publication, and in the absence of evidence on the...on the part of the defendant tending to prove the nbsence of actual malice on his part towards the plaintiff, which, taken in connection with the evidence... | |
| Abraham Clark Freeman - Law reports, digests, etc - 1895 - 1042 pages
...is thus declared: "The plaintiff gave evidence of malice when she proved the falsity of the libeloue publication, and, in the absence of evidence on the...would have been the duty of the court to instruct the jury that the plain tiff might be awarded exemplary damages in their discretion; but testimony... | |
| Massachusetts. Supreme Judicial Court - Law reports, digests, etc - 1897 - 712 pages
...it must fill at the same time and at the same rate with the filling of the Commonwealth. There was evidence on the part of the defendant tending to show that it had a barrier along the whole length of the division line, and that none of the plaintiff's tilling material... | |
| Law reports, digests, etc - 1898 - 1260 pages
...seven miles from Moorhead, which, as she claimed, was the place at which she received it. There was evidence on the part of the defendant tending to show that It was agreed between her and the local agent that the machinery should be delivered to her at her farm,... | |
| Law reports, digests, etc - 1905 - 1736 pages
...was there said: "The plaintiff gave evidence of malice when she proved the falsity of the libelous publication, and in the absence of evidence on the...to prove the absence of actual malice on its part toward the plaintiff, which taken in connection with the evidence of malice which the law imputed when... | |
| California. Supreme Court - Law reports, digests, etc - 1908 - 1002 pages
...published itself. Where the publication is libelous per se, the law presumes malice in fact in its publication, and in the absence of evidence on the part of the defendant rebutting this presumed malice, the plaintiff ia entitled to an award of exemplary damages. (Id.) 3.... | |
| Law reports, digests, etc - 1911 - 1276 pages
...negligent act that the injury happened. These physical facts themselves furnish the evidence of negligence, and, in the absence of evidence on the part of the defendant showing that the event happened without negligence on its part, the judgment should have been for the... | |
| New York (State). Courts - Law reports, digests, etc - 1911 - 748 pages
...negligent act that the injury happened. These physical facts themselves furnish the evidence of negligence; and, in the absence of evidence on ' the part of the defendant showing that the event happened without negligence on its part, the judgment should have been for the... | |
| |