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Gandia v. Pettingill, 222 U.S. 452 (1912)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Gandia v. Pettingill, 222 U.S. 452 (1912)
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Gandia v. Pettingill No. 97 Argued December 14, 1911 Decided January 9, 1912 222 U.S. 452
ERROR TO THE DISTRICT COURT
OF THE UNITED STATES FOR PORTO RICO
Syllabus
In the absence of express malice or excess, publication of actual facts is not libelous, and in case of mere excess without express malice, the only liability is for damages attributable to the excess, and refusal of the trial court to charge to this effect is error.
Quaere whether attributing to a person conduct that is lawful can be libelous.
The stricter practice is to note the exceptions before the jury retires, but if all the exceptions are noted in open court after jury returns and no wrong is suffered, an exception will not be sustained on that ground.
4 P.R.F. 383 reversed.
The facts are stated in the opinion.
Contents:
Chicago:
U.S. Supreme Court, "Syllabus," Gandia v. Pettingill, 222 U.S. 452 (1912) in 222 U.S. 452 222 U.S. 453–222 U.S. 456. Original Sources, accessed July 1, 2025, http://www.originalsources.com/Document.aspx?DocID=68TG7RIPVFMSLEP.
MLA:
U.S. Supreme Court. "Syllabus." Gandia v. Pettingill, 222 U.S. 452 (1912), in 222 U.S. 452, pp. 222 U.S. 453–222 U.S. 456. Original Sources. 1 Jul. 2025. http://www.originalsources.com/Document.aspx?DocID=68TG7RIPVFMSLEP.
Harvard:
U.S. Supreme Court, 'Syllabus' in Gandia v. Pettingill, 222 U.S. 452 (1912). cited in 1912, 222 U.S. 452, pp.222 U.S. 453–222 U.S. 456. Original Sources, retrieved 1 July 2025, from http://www.originalsources.com/Document.aspx?DocID=68TG7RIPVFMSLEP.
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