Clark v. Hatfield, 88 Ill. 440 (1878)

Jan. 1878 · Illinois Supreme Court

88 Ill. 440

Thomas E. Clark v. Aaron Hatfield.

New triai—general rule in actions for libel, slander, etc. The general rule is, that in penal actions, and in actions for libel or defamation, and other actions vindictive in their nature, a new trial will not be granted merely because the verdict is against the weight of the evidence.

Appeal from the Circuit Court of Menard county; the Hon. Lyman Lacey, Judge, presiding.

Messrs. Whitney & Hoagland, Mr. H. W. Masters, and Mr. T. W. McNeely, for the appellant.

Mr. N. W. Branson, and Mr. W. R. Edgar, for the appellee.

Mr. Justice Sheldon

delivered the opinion of the Court:

This ivas an action for slander, wherein a verdict and judgment Avere rendered for the defendant. •

The only reason urged for a reversal of the judgment is, that the verdict is against the evidence.

The general rule is, that in penal actions, and in actions for a libel or defamation, and other actions vindictive in their nature, a hbav trial will not be granted merely because the verdict is against the Aveight of evidence. Jarvis v. Hathaway, 3 Johns. 180; Rundell v. Butler, 10 Wend. 119; Townshend on Slander, 494-5, 2d ed.

The case before us Aras not one of an aggravated character, and Ave see no cause why the general rule should not be applied.

The judgment will be affirmed.

Judgment affirmed.