A.S. ABELL CO. v. KIRBY

[No. 42, September Term, 1961.]

227 Md. 267 (1961)

176 A.2d 340

A.S. ABELL COMPANY v. KIRBY

Court of Appeals of Maryland.

Motion for rehearing filed January 19, 1962.

Denied and opinion modified January 30, 1962.


Attorney(s) appearing for the Case

Kenneth C. Proctor and Robert R. Bair, with whom were J. Crossan Cooper, Jr., and Venable, Baetjer & Howard, on the brief, for appellant.

Alan H. Murrell and W. Giles Parker for appellee.

The cause was argued before HENDERSON, HAMMOND, PRESCOTT, HORNEY, and MARBURY, JJ.


HAMMOND, J., delivered the opinion of the Court.

The A.S. Abell Company, publisher of The Sunpapers, appealed from the substantial judgment that followed the jury's verdict against it and in favor of the appellee, Kirby, in his suit for defamation. The defense was that the editorial complained of, in which Kirby was called "infamous," was fair comment on a matter of public interest. The principal reliance on appeal is that the trial judge erred when he made the issue...

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