WEYGANDT, C. J.
In the opinion of the Court of Appeals appears the following statement:
"We have examined all of the claimed errors, and find none prejudicial to the substantial rights of the appellant except the instruction by the trial judge on the subject of punitive damages and the definition of actual malice.
"Counsel for the appellant, Mr. Pickle, took exception to the instruction given, and read into the record that he had requested the trial...
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