Garby v. . Bennett
New York Court of Appeals
Appeal from an. order of the Appellate Division of the Supreme Court in the second judicial department, entered May 2, 1899, which reversed a judgment in favor of plaintiff entered upon a verdict and 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.
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Appeal from an. order of the Appellate Division of the Supreme Court in the second judicial department, entered May 2, 1899, which reversed a judgment in favor of plaintiff entered upon a verdict and 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. Ho request to submit the question of the interpretation of the article as ambiguous to the jury having been made, the judgment should not have been reversed for failure so to do. (Muller v. McKesson, 73 N. Y. 195; Flandreau v. Elsworth, 151 N.…
1Per curiam
This action was brought by the plaintiff to recover the damages sustained by him from publications in “The Hew York Ilerald,” a newspaper owned by the defendant, which were alleged to have been libelous in their imputations upon his action, as a member of the state legislature, upon certain proposed legislation. The trial judge had charged the jury that the article was libelous and had left it to them to assess the damages, upon a consideration of the facts brought out by the evidence. After the charge was concluded, the defendant’s counsel requested the court to charge that “ if you find…
2Cited by9 opinions
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- World's Dispensary Medical Ass'n v. CollierNew York Supreme Court · 1914
- Gaylord Entertainment Co. v. ThompsonSupreme Court of Oklahoma · 1998
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