Laudati v. Stea

• Decision Date: 20 June 1922
• Docket Number: No. 5463.,5463.
• Citation: 117 A. 422
• Parties: LAUDATI v. STEA et al.
• Court: Rhode Island Supreme Court

117 A. 422

LAUDATI

v. STEA et al.

No. 5463.

Supreme Court of Rhode Island.

June 20, 1922.

Exceptions from Superior Court, Providence and Bristol Counties; Edward W. Blodgett, Judge.

Action by Roger Laudati against Vincenzo Stea and others. Verdict for defendants, and plaintiff excepts. Remitted.

George P. Troy, of Providence, for plaintiff.

Wm. C. H. Brand and Joseph Veneziale, both of Providence, for defendants.

STEARNS, J. The action is trespass on the case for libel. The plea is the general issue. After a jury trial, which resulted in a verdict for the defendant Stea, the case is now in this court on plaintiffs bill of exceptions.

The defendant Stea was the presiding officer of one of the subordinate lodges of the order of the Sons of Italy, a large fraternal organization of men of Italian descent. The plaintiff is a young man of good reputation, who is engaged in the real estate business in the Silver Lake District of Providence. Plaintiff was a member of the organization in 1917, but, at the time of the publication of the libel, in March, 1918, he was no longer connected with the society. Plaintiff's uncle, Nicola Laudati, was an officer of the society, and also the president of a committee of the order which had control of the "death benefit" fund. Upon the death of one of the members of the order, a controversy arose as to whether the lodge, which had been paying the dues of the deceased, or the widow of deceased, was entitled to receive the amount of the death benefit. Nicola Laudati claimed the fund for the lodge. Antonio Sollito, an officer of one of the lodges, supported the claims of the widow. There is evidence that defendant and certain other members of the society prepared and had printed, in the Italian language, 1,500 circulars, which later were widely circulated throughout the state among the Italians. The language of the circular was violent and abusive. After announcing the fact that Sollito had been suspended by the organization because of his support of the claim of the widow, the charge was made in the circular that Sollito had thus been made the first victim by the grafters of the organization; that it was now known to all the members the efforts made by Sollito and others "against the company of secret advisers of Silver Lake led by R. Laudati and his sponsors, who wrongfully appropriated $400, fleeced from all the Brothers of Rhode Island and stolen from a poor widow." Reference was also made to this bad administration by Laudati and his companions, and to a demand which had been made for the restitution of the money wrongfully appropriated. The printed circular purported to be signed by the defendant Stea and others. Stea denies that he signed the draft for the printed circular, and also makes a general denial of any responsibility for the publication of the printed circulars. The evidence on these issues is conflicting and raised issues of fact for the jury. The originators of the circular secured the services of an Italian scholar to revise and embellish their work. He testifies that the printed circular was prepared by him according to instructions and the draft given to him. It seems probable that the name "R. Laudati" by some mischance was printed instead of that of "N. Laudati," as defendant did not know the plaintiff R. Laudati. The printed circulars were delivered by the printer to Sollito. Prom him defendant secured at least one of these copies, which he carried to Bristol, and there gave to a member of the organization, to whom he stated that the circular contained a statement of what had been going on in Providence. Plaintiff is the only "R. Laudati" who lives in the Silver Lake district and, in fact, in the entire state.

Numerous objections taken by plaintiff during the trial are waived, and the only exceptions now urged are those taken to the charge to the jury, to the failure to charge as requested, and to the refusal of the trial justice to grant a new trial.

The trial justice left it to the jury to decide whether the circular was libelous, and instructed them that the meaning of the word "steal" in the circular was to be determined by a consideration of the whole document, from which it was for the jury to say whether or not it was a malicious attempt to charge a crime, or whether it was simply the use of exuberant language to express a very volcanic state of feeling. This instruction was erroneous, and plaintiff's exception thereto is sustained. An accusation is libelous per se which falsely charges an offense which, although not a crime at common law, if proved, may subject the party...