Daily v. New York Herald Co.
U.S. Circuit Court for the District of Southern New York
At Law. Motion to set aside verdict for plaintiff and for a new trial on the grounds: (1) There is nothing libelous on the face of the published article; that is, all the statements, if capable of a libelous meaning,’ are also capable of an innocent or nonlibelous meaning, and, as there is no innuendo ascribing the libelous meaning, no cause of action is stated. '(2) It was error to submit certain parts of the alleged libelous article to the jury.
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At Law. Motion to set aside verdict for plaintiff and for a new trial on the grounds: (1) There is nothing libelous on the face of the published article; that is, all the statements, if capable of a libelous meaning,’ are also capable of an innocent or nonlibelous meaning, and, as there is no innuendo ascribing the libelous meaning, no cause of action is stated. '(2) It was error to submit certain parts of the alleged libelous article to the jury. (3) In any event the damages are excessive.
1Opinion of the Court
RAY, District Judge.
There is nothing libelous on the face of the published article unless it be in the following language:
“It was stated yesterday that after leaving San Francisco Mr. Daily went to New York and organized a smelter company, his associates understanding that the Bulls Point smelter was his property. They .sent a man here, who quickly discovered that Daily had no title to the smelting works. The New York men. it is asserted, demanded the return of their money and threatened prosecution, whereupon Mr. Daily brought the local suit as evidence of his good faith.”
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2Cases cited8 opinions
- Sanderson v. . CaldwellNew York Court of Appeals · 1871
- Hemmens v. . NelsonNew York Court of Appeals · 1893
- Morrison v. . SmithNew York Court of Appeals · 1904
- Crashley v. . Press Publishing Co.New York Court of Appeals · 1904
- Kingsbury v. . Bradstreet Co.New York Court of Appeals · 1889
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