| Show Demurrer I In Ogden Libel Case Is Upheld Plea Ilca of A. A C Todd plaintiff in a damage suit against the Utah Power Company and ami 42 4 others n reference to alleged allt cd actual malice shown shon in the th pub published statements was insufficient to t constitute a cause for action District Judge L L. V V. Trueman de declared dt de elated when he sustained a general demurrer The 42 4 defendants were members of a citizens' citizens committee which con ducted a campaign n against a pro proposed proposed posed municipal power and ugh light plant for Ogden It was w-as alleged by Mr Todd that his hi business busine s. s tion and character had hid been dam darn damaged damaged aged by statements statement in an advertise ad advertisement ment and on ois handbills alleging he had been ben guilty of deception in hi his I contract for construction of the th Bountiful power plant Judge Trueman said saL that inas inas- inasmuch inasmuch much as construction of a munci- munci pal power plant wa was was of public interest statements concerning the tl e issue were qualifiedly pr ed cd communications Concerning OI l cri-l g such statements he held there was waso no n o civil chiI liability if the defendants defendant made m ade them them in iu good faith without actual ac malice and antI with ith reasonable rea rounds grounds g for believing in them to be he heue true tr ue A communication defamatory d matter is containing when made in in good faith upon any subject su in which the party larty com corn in tin has lra an interest or a duty ity to uphold no malice is expressed nor an air attempt tirade made to unduly injure nrc the party being opposed O Judge Trueman said said said- Deseret L News |
