Vizetelly v. Mudie’s Select Library, Ltd.
Court of Appeal
2 Q.B. 170 (1900)
- Written by Sarah Hoffman, JD
Facts
A book was published that contained defamatory statements about Vizetelly (plaintiff). Vizetelly sued for libel, and a settlement was reached. As part of the settlement, the publisher of the book agreed to attempt to withdraw the libel from circulation by offering to replace the relevant pages in all copies of the book. The publisher issued public notices to that effect. Mudie’s Select Library, Ltd. (Mudie’s) (defendant) was a store that sold and loaned out books, and it had several copies of the libelous book. The proprietors of Mudie’s continued to sell and loan out the libelous book after the public notices. Vizetelly filed suit against Mudie’s for libel. At trial one of the proprietors of Mudie’s testified that they were not aware of the libel, the previous court case, or the offer to replace the pages. The proprietor further testified that he and the other employees of Mudie’s did not read every book offered in the store and that they had not read the relevant book. The jury found for and awarded a judgment to Vizetelly. Mudie’s filed a motion for judgement or new trial. The trial court denied the motion, and Mudie’s appealed.
Rule of Law
Issue
Holding and Reasoning (Romer, J.)
Concurrence (Williams, J.)
Concurrence (Smith, J.)
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