Smith v. . Matthews
New York Court of Appeals
Appeal from an order of the General Term of the Superior Court of Buffalo, entered September 25, 1894, which reversed a judgment in favor of plaintiff entered upon a verdict, and also an order denying a motion for a new trial and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The order is appealable. (Edgecomb v. Buckhout, 146 N. Y. 332; Code Civ.
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Appeal from an order of the General Term of the Superior Court of Buffalo, entered September 25, 1894, which reversed a judgment in favor of plaintiff entered upon a verdict, and also an order denying a motion for a new trial and granted a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The order is appealable. (Edgecomb v. Buckhout, 146 N. Y. 332; Code Civ. Pro. §§ 1346, 1347; Pharis v. Gere, 112 N. Y. 408.) This court has no jurisdiction to review the facts. (Edgecomb v. Buckhout, 146 N. Y. 332.) The judgment and order were reversed on the…
1Opinion of the CourtBartlett, J.
This is an action to recover damages for an alleged libelous publication in two newspapers of the defendants, and a jury rendered a verdict in favor of the plaintiff for $4,000.
The General Term of the late Superior Court of Buffalo reversed the judgment entered upon the verdict and ordered a new trial. A single question is presented on this appeal. The learned trial judge, after a very full and fair charge to the jury, was requested by counsel for defendants to charge:
“ That, unless defendants were moved by actual malice, the jury should not award the plaintiff damages by way of punishment.”
Th…
2Cases cited7 opinions
- Northern Pacific Railroad v. BabcockSupreme Court of the United States · 1894
- Losee v. . BuchananNew York Court of Appeals · 1873
- Holmes v. . JonesNew York Court of Appeals · 1890
- Holmes v. . JonesNew York Court of Appeals · 1895
- Warner v. Press Publishing Co.New York Court of Appeals · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Reynolds v. PeglerDistrict Court, S.D. New York · 1954
- Crane v. . BennettNew York Court of Appeals · 1904
- Crane v. New York World Telegram Corp.New York Court of Appeals · 1955
- New York Evening Post Co. v. ChalonerCourt of Appeals for the Second Circuit · 1920
- Times Pub. Co. v. CarlisleCourt of Appeals for the Eighth Circuit · 1899
28 more not listed; retrieve them via the Exa API.