Adams St., has cleaned up 18 violations of the city's sanitary code and has been given a food license for 1959, it is reported by the City Health Department. The following day the defendant newspaper, after an interview with the Director of the Health Department, published the following article: He satisfied the Health Department's objections by early February and received his food license on February 4, 1959. Among the enumerated charges were findings of mice, flies, and general uncleanliness the Health Department did not issue a city food license to the plaintiff for the coming year.Įarly in 1959 the plaintiff appeared at an informal hearing before the Health Department the plaintiff represented to the Department that he would correct the deficiencies as soon as possible. Plaintiff's market was inspected by city health officers in December 1958 the officers cited plaintiff's establishment for some 48 sanitary code violations. Peoria food establishments are periodically inspected to determine and ensure compliance with the city's sanitary code. The plaintiff is the proprietor of a combined bakery, grocery store, meat market and restaurant in Peoria, the establishment known as "Hausam's Market", and also offers prepared food to the public through a catering service. The questions were raised below and passed upon by the trial court, which gives this court jurisdiction. The defendant contends that the trial court's rejection of the defense of privilege to report governmental affairs and denial of the right to publish substantial truth violated section 4 of article II of the Illinois constitution and the first and fourteenth amendments to the United States constitution. The defendant appealed directly to this court claiming State and Federal constitutional questions. Judgment was entered against defendant upon the verdict. The plaintiff Robert Lulay obtained a jury verdict for $150,000 ($60,000 in *113 compensatory damages plus $90,000 in punitive damages) against the Peoria Journal-Star, Inc. This is an appeal from a judgment of the circuit court of Peoria County in an action for libel. CHIEF JUSTICE KLINGBIEL delivered the opinion of the court: KIRKLAND, ELLIS, HODSON, CHAFFETZ & MASTERS, of Chicago, and McCONNELL, KENNEDY, McCONNELL & MORRIS, of Peoria, (DON H. ROBERT LULAY, d/b/a HAUSAM'S MARKET, Appellee,
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