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FARRAR v. TRIBUNE PUBLISHING CO.

No. 35024.

57 Wn.2d 549 (1961)

358 P.2d 792

ALBERT E. FARRAR, Respondent, v. TRIBUNE PUBLISHING COMPANY, Appellant.

The Supreme Court of Washington, En Banc.

January 19, 1961.

Attorney(s) appearing for the Case

Carnahan, Gordon & Goodwin, for appellant.

Howard Carothers, for respondent.

FOSTER, J.

[1] The question for decision is whether we should overrule Ott v. Press Pub. Co., 40 Wn. 308, 82 Pac. 403 (1905). It was there held that, in an action for damages on account of a newspaper publication which was libelous per se, the defendant may, under the express provisions of RCW 4.36.130, plead and prove all of the mitigating circumstances, and that the court cannot hold, in the face of this statute, that such pleading should...

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