O'Brien v. Bennett
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, Kings county. Action for libel by Smith O’Brien against James Gordon Bennett.. From a judgment in favor of the defendant, and from an order denying a motion for a new trial, plaintiff appeals.
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Appeal from trial term, Kings county. Action for libel by Smith O’Brien against James Gordon Bennett.. From a judgment in favor of the defendant, and from an order denying a motion for a new trial, plaintiff appeals. The notice issued by the defendant to his employés, which was introduced" in evidence in this case, was as follows: “New York Herald, May, 1897. “To the Editors, Subeditors, and All Others Engaged upon the New York Herald and the Evening Telegram: You will please take notice that it- is-the imperative rule of this office that nothing reflecting upon the reputation of any person…
1Opinion of the CourtParker, P. J.
The rules which were issued by the defendant to* his employés, and which were put in evidence over the plaintiff’s objection, appertain to the question whether the libelous article was or was not published carelessly, and without a proper inquiry as to its truth; and they are pertinent to that question only. They have no-bearing whatever upon the question of malice. The absence of the defendant from the country, and his ignorance of the publication, might bear on the question of his personal malice, but the promulgation of the rules does not touch or refer to it. It was held in Morgan v.…
Also in this document: Concurrence.
2Cases cited3 opinions
- Morgan v. BennettAppellate Division of the Supreme Court of the State of New York · 1899
- Grant v. Herald Co.Appellate Division of the Supreme Court of the State of New York · 1899
- McMahon v. BennettAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Graybill v. De YoungCalifornia Supreme Court · 1902