TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 12 P30

Gale Encyclopedia of American Law Volume 12 P30 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | MILESTONES IN THE LAW NEW YORK TIMES V. SULLIVAN 277 32 Likewise at no time was any objection interposed to the presence of photographers in the courtroom. 33 Newly discovered evidence was not the basis of the motion for a new trial. This being so the court was confined upon the hearing on the motion to matters contained in the record of the trial. Thomason v. Silvey 123 Ala. 694 26 So. 644 Alabama Gas Co v. Jones 244 Ala. 413 13 873. Assignment of error 78 pertains to an alleged error occurring in the court s oral charge. In this connection the record shows the following Mr. Embry We except your Honor. We except your Honor. We except the oral portions of Your s Charge wherein Your Honor charged on libel per se. We object to that portion of Your Honor s Charge wherein Your Honor charged as follows So as I said if you are reasonably satisfied from the evidence before you considered in connection with the rules of the law the Court has stated to you you would come to consider the question of damages and where as here the Court has ruled the matter complained of proved to your reasonable satisfaction and aimed at the plaintiff in this case is libelous per se then punitive damages may be awarded by the jury even though the amount of actual damages is neither found nor shown. The Court Overruled and you have an exception. Preceding the above exception the court had instructed the jury as follows Now as stated the defendants say that the ad complained of does not name the plaintiff Sullivan by name and that the ad is not published of an concerning him. The plaintiff Sullivan as a member of the group referred to must show by the evidence to your reasonable satisfaction that the words objected to were spoken of an concerning him. The reason for this being that while any one of a class or group may maintain an action because of alleged libelous words he must show to the reasonable satisfaction of the jury that the words he complained of apply especially to him or are

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