Lamberti v. Sun Printing & Publishing Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Sun Printing and Publishing Association, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 20th day of May, 1905, upon the decision of the court, rendered after a trial at the,Kings County Special Term, overruling the defendant’s demurrer to the amendéd complaint. ■ The plaintiff sued for libel in the printing of the following article concerning him in…
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Appeal by the defendant, the Sun Printing and Publishing Association, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 20th day of May, 1905, upon the decision of the court, rendered after a trial at the,Kings County Special Term, overruling the defendant’s demurrer to the amendéd complaint. ■ The plaintiff sued for libel in the printing of the following article concerning him in the newspaper of the defendant: “ Black Hand on His Back. “ Janitor Lamberti Thought it Was a Curse Instead of a Wicked…
1Opinion of the Court
Jenks, J. :
To me it seems an absurd supposition that the article justifies the innuendo that it charged membership in the band known as the Black Hand.. Any faii*-minded man—any man of ordinary ability and intelligence, reading the entire print -— could not so construe it. He who runs would read it as the story of a practical joke based on a physical pun — the- existence of a “ black hand ” on the plaintiff’s back — and published to provoke laughter.
My reading of the opinion in Morrison v. Smith (177 N. Y. 366) and the opinion therein referred, to, read by Laughlin, J., in the Appellate…
2Cases cited5 opinions
- Triggs v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1904
- Morrison v. . SmithNew York Court of Appeals · 1904
- King v. Sun Printing & Publishing Ass'nAppellate Division of the Supreme Court of the State of New York · 1903
- King v. . Sun Printing and Publishing CompanyNew York Court of Appeals · 1904
- Wuest v. Brooklyn CitizenAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by11 opinions
- Burton v. Crowell Pub. Co.Court of Appeals for the Second Circuit · 1936
- Frank v. National Broadcasting Co.Appellate Division of the Supreme Court of the State of New York · 1986
- Arno v. StewartCalifornia Court of Appeal · 1966
- Goudy v. Dayton Newspapers, Inc.Ohio Court of Appeals · 1967
- Landau v. Columbia Broadcasting System, Inc.New York Supreme Court · 1954
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