Edward A. Schrottman v. Michael Barnicle

The rule in Stone v. Essex County Newspapers, Inc., 367 Mass. 849 (1975), that a ""private"" person may recover for libel upon proof of negligence, rather than having to establish actual malice, was applicable retroactively to this action for libel against a newspaper reporter based on his publication in 1973 of an article concerning a subject of general or public interest. [630-638] In an action for libel to which the proof of negligence standard enunciated in Stone v. Essex County Newspapers, Inc., 367 Mass. 849 (1975), was applicable retroactively, the Judge's failure to identify the standard of liability he applied, or to make findings on the question of negligence in accordance with Mass. R. Civ. P. 52 (a), 365 Mass. 816 (1974), required that this case be remanded for the entry of a finding on the issue of negligence. [638-640]