Malice or negligence necessary to support award of damages. In all civil actions for libel, no damages shall be recovered unless it is established

§ 8344.  Malice or negligence necessary to support award of damages. In all civil actions for libel, no damages shall be recovered unless it is established to the satisfaction of the jury, under the direction of the court as in other cases, that the publication has been maliciously or negligently made, but where malice or negligence appears such damages may be awarded as the jury shall deem proper.