Prescott v. Tousey
The Superior Court of New York City
Appeal by defendant from a judgment, in favor of plaintiff, and also from an order denying a motion for a new trial. The action was brought to recover damages for the publication of a libel.
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Appeal by defendant from a judgment, in favor of plaintiff, and also from an order denying a motion for a new trial. The action was brought to recover damages for the publication of a libel. The defendant denied that the words complained of were libelous, and then pleaded in mitigation of damages that it was a company formed for the purpose of distributing newspapers and other publications, and that, while engaged in its business, without knowledge of the contents of the newspaper that contained the libel, it distributed a few copies thereof. The defendant also pleaded as a defense and in…
1Opinion of the Court
By the Court.—Truax, J.
The words set out in the complaint imputed a lack of chastity in the plaintiff, and were libelous.
At the close of the plaintiff’s case, the defendant moved to dismiss the complaint, on the' ground that the plaintiff had failed to prove a publication ; the motion was denied, and the defendant excepted.
The plaintiff did not attempt to prove that the defendant had any part in printing the libel. She sought to hold the defendant for publishing the libel after it was printed, and for that purpose she offered evidence showing that one Reid (who was then employed in the office…
2Cases cited11 opinions
- Gt. W. Turnpike Co. v. . LoomisNew York Court of Appeals · 1865
- Bush v. . ProsserNew York Court of Appeals · 1854
- Inman v. FosterNew York Supreme Court · 1832
- Hatfield v. . LasherNew York Court of Appeals · 1880
- Karney v. PaisleySupreme Court of Iowa · 1862
6 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Washington Post Co. v. ChalonerCourt of Appeals for the D.C. Circuit · 1917