THE LAW OF LIBEL.

Wairarapa Age, Volume XXXI, Issue 9049, 7 February 1908, Page 5

THE LAW OF LIBEL.

A PAHIATUA CASE. In the Wellington Supreme Court yesterday, before Mr Justice Cooper, John Brnnnigan, of Pahiatua, contractor, appealed from a decision of District Judge Haselden in the District Court at Pahiatua. The original action was brought by Brannigan (the appellant in this case) against Evelyn Macdonald, of Pahiatua, farmer, claiming damages for a libel alleged to have been contained ia a letter addressed by Macdonald to the Pahiatua "Herald," and published by the paper as an advertisement, and in a declaration published as an advertisement at the instigation of Macdonald in the Pahiatua "Herald." The District Court judge held at the hearing in the District Court that the words complained of were not capable of a defamatory meaning, and nonsuited plaintiff. From that decision Brannigan appealed. The advertisement alleged that evidence in a certain action was untrue and incorrect. Mr Morison apneared for the appellant and Mr Hardman for the respondent. After argument, his Honour held that the words set out in the statement of claim, and complained of by the plaintiff in the court below were not incapable of a defamatory meaning, and that therefore the District Court judge was wrong in withdrawing the case from the jury and in nonsuiting the plaintiff in the District Court. He therefore allowed the appeal and ordered the nonsuit, granted by the judge in the District Court to be set aside, and directed that there should be a new trial in the District Court. Costs, seven guineas and disbursements, were allowed to the appellant.—"Post."