Cudlip v. New York Evening Journal Publishing Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 19,1904, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 19,1904, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. It was error to refuse to permit the defendant to read portions of the plaintiff’s cross-examination of one of the defendant’s witnesses taken under an open commission, which cross-examination the plaintiff had declined to read. (Code Civ. Pro. §911.) . The trial…
1Opinion of the CourtGray, J.
The plaintiff brought this action to recover of the defendant damages for a libelous publication in its newspaper. The defendant did not plead in justification; but alleged various facts in mitigation of damages. The plaintiff recovered a verdict upon the trial and her judgment has been affirmed, unanimously, by the Appellate Division, in the first department. There is but one question of sufficient importance, now, for us to consider and that arises upon an exception to the exclusion of portions of a deposition, offered to be read by the defendant. It appears that the testimony of a former…
2Cases cited6 opinions
- Root v. King & VerplanckNew York Supreme Court · 1827
- Holmes v. . JonesNew York Court of Appeals · 1895
- Corning v. . CorningNew York Court of Appeals · 1851
- City of Bloomington v. OsterleIllinois Supreme Court · 1891
- In re SmithSupreme Court of Minnesota · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Crane v. New York World Telegram Corp.New York Court of Appeals · 1955
- McClenahan v. KeyesCalifornia Supreme Court · 1922
- In re the Probate of Papers Propounded as the Last Will & Testament & a Codicil thereto of Van NessNew York Surrogate's Court · 1912
- Oakes v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1907
- Bambauer v. SchleiderAppellate Division of the Supreme Court of the State of New York · 1917
9 more not listed; retrieve them via the Exa API.