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15 W. Res. L. Rev. 807 (1963-1964)
Torts--Negligence--Substantial Factor Test

handle is hein.journals/cwrlrv15 and id is 815 raw text is: Negligence - Substantial Factor Test While it is the right of the press ... to freely criticize and comment upon the official action and conduct of a public officer, false and de- famatory words ... are not privileged on the ground that they related to a matter of public interest, and were spoken or published in good faith.'7 Since Sullivan, of course, this is no longer either the majority or Ohio position. After the Sullivan case, good faith is a defense to a libel action and malice cannot be inferred from the falsity of the statement - it must be proved by the plaintiff to have actually existed in the mind of the critic at the time the statement was printed. What effect this decision will have upon the attitude of the country's newspapermen remains to be seen. Nevertheless, Sullivan should provide sufficient safeguards to enable an even wider and more open presentation of events and issues by responsible reporters and columnists. The bene- ficiaries of this decision are the American public. Hence, the Sullivan case has, in effect, imposed upon all American jurisdictions, via the first amendment, the view formerly espoused by only eight states. As to these states, New York Times Co. v. Sullivan8 has had little or no effect. Also, it no longer matters whether a distinction is drawn between fair comment and qualified privilege. Justice Holmes' distinction has been laid to rest in a graveyard of brilliance. AND1EW M. FIsHmA N TORTS - NEGLIGENCE - SUBSTANTIAL FACTOR TEST Springsteel v. Jones & Laughlin Steel Corp., 192 N.E.2d 81 (Ohio Ct. App. 1963).* The plaintiff, an employee of a subcontractor hired to dig a trench on defendant's premises, alleged severe personal injuries while assisting in the operation of a trench-digging machine. In lifting the boom of the ma- chine to unload the bucket, the operator contacted overhead electric wires, exerting upward force on the connecting steel posts. After engaging the wires ten to fifteen times, one of the posts broke off, striking the plaintiff. 17. Ibid. (Emphasis added.) The earliest Ohio case on the subject is Seely v. Blair, Wright 358 (Ohio 1833), wherein the defendant stated publicly that plaintiff, a candidate for county sheriff, was a liar and had perjured himself. The accusations were false and plaintiff recovered a judgment. The case is cited for the proposition that the right of free comment with reference to public officials does not extend to misstatements of fact. In this case, how- ever, defendant was malicious and so the proposition loses much of its force with respect to the changes that Sullivan will bring. 18. New York Times Co. v. Sullivan, 376 U.S. 254 (1964). 19. Burt v. Advertiser Newspaper Co., 154 Mass. 238, 28 N.E. 1 (1891). 19641

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