Opinion
Application No. 22852.
Decided June 23, 1937.
Evidence — Malice — Damages.
Where the evidence contained in the record does not raise the issue of actual malice upon which a claim for exemplary damages could be based, no recovery could be had.
Writ of error to the Court of Civil Appeals for the Second District, in an appeal from Wichita County.
Suit by Tom F. Hunter against the Houston Printing Company to recover damages on account of three editorials published in the Houston Post, which articles were claimed to be libelous. The trial court's judgment for plaintiff was reversed and remanded by the Court of Civil Appeals ( 105 S.W.2d 312), and the Houston Printing Company has brought error to the Supreme Court.
Application dismissed for want of jurisdiction.
Walter F. Woodul, of Houston, and J. T. Montgomery, of Wichita Falls, for plaintiff in error.
Taylor, Muse Taylor, and Bruce Greenwood, all of Wichita Falls, and Fuller Fuller, of Houston, for defendant in error.
We agree with the Court of Civil Appeals that the judgment of the trial court in this cause should be reversed. In our opinion, the evidence contained in this record does not raise the issue of actual malice upon which a claim for exemplary damages could be based. As to the legal sufficiency of the testimony introduced in support of the action for actual damages, we express no opinion thereon.
Opinion delivered June 23, 1937.