DAMAGES FOR LIBEL

New Zealand Herald, Volume LXXIII, Issue 22427, 25 May 1936, Page 13

DAMAGES FOR LIBEL

CLAIM AGAINST NEWSPAPER THE JURY AWARDS £350 . [bt -telegraph—press association] ' WELLINGTON. Saturday 1 After a retirement of less than 30 minutes, the jury * awarded Gsorg» Henry Symons, a motor-body builder, and his wife, Mary Lavinia Symons, £350 damages for libel against. Truth (N.Z.), Limited, The alleged libel was contained in the issue of March 11, it being'claimed that defendant had falsely anil maliciously printed a statement concerning the plaintiffs, the words being:— "Mrs. Symonds, states Truth's Sydney representative, is petitioning • for divorce from Symonds." By the. words "Mrs. Symonds" and "Symonds," .it was stated, was meant "Symons," and the words formed part of an article dealing with the domestic circumstances of plaintiffs' daughter, Mrs. Myrtle Benee Lamb, and referred to the death by murder of plaintiffs' daughterPhyllis Avis Symons, in 1931. The statement of defence admitted publication of the words complained of, but said they were published inadvertently, and the company did not intend to imply that plaintiffs were, or were likely to be, parties to divorce, or that George Henry Symons had been guilty of any matrimonial " offence. Defendant intended to publish in lieu of the words set forth the following:— "Mrs. Lamb, states Truth's Sydney representative, is petitioning for divorce from Lamb." Immediately attention was drawn to the article defendant, in the issue of March 18, published an unreserved apology. , Defendant contended the words were not capable of defamatory meaning concerning Mrs. Symons. Defendant's solicitor had offered to pay-. £IOO and costs to Mr. Svmons in full satisfaction, but the offer was refused. Defendant had paid £IOO into Court, and said it was sufficient to satisfy its liabilitv to Mr. Symons.