for Manitoba (1), affirming the judgment at the trial in favour of the plaintiff.
The plaintiff brought action against the Printing Co. claiming damages for a libellous publication charging him with an attempt to extort money for the issue of municipal licences.
On the trial the jury found the publication libellous and a verdict for the plaintiff with $1,500 damages was sustained by the Court of Appeal.
The defendant company appealed to the Supreme Court of Canada urging misdirection, wrongful admission of evidence and excessive damages as grounds for reversing the judgment below.
The majority of the court dismissed the appeal with costs.
Davies J. held that the damages were excessive and that there should be a new assessment and Duff J. dissented on the ground that the appellants were entitled to a trial by jury and the case had never been properly tried.
R. A. Pringle K.C. and Manning for the appellants. Nesbitt K.C. for the respondent.