Legal Opinion

Hartman v. Morning Journal Ass'n

New York Court of Common Pleas

Decided June 6, 1892PublishedCited by 2 opinions

Appeal from trial term. Action for libel by Charles J. Hartman against the Morning Journal Association. From a judgment for plaintiff, and an order denying a new trial, defendant appeals.

1Opinion of the CourtPryor, J.

We are not convinced by the able argument of counsel for the appellant that this judgment should be reversed. The exceptions to the charge are clearly untenable, for in his instructions to the jury the learned trial judge went to the utmost verge of the law to protect the rights of the defendant. Neither is there merit in the exceptions to evidence; but, if otherwise, they are ineffectual for lack of specific grounds of objection. Cruikshank v. Gordon, 118 N. Y. 178, 23 N. E. Rep. 457. Beyond all question the writings complained of are libelous per se, because they plainly and unequivocally…

2Cases cited35 opinions

  1. White v. NichollsSupreme Court of the United States · 1845
  2. Moore v. . FrancisNew York Court of Appeals · 1890
  3. Sanderson v. . CaldwellNew York Court of Appeals · 1871
  4. Hamilton v. . EnoNew York Court of Appeals · 1880
  5. Byam v. . CollinsNew York Court of Appeals · 1888

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3Cited by2 opinions

  1. Lanphere v. ClarkNew York Supreme Court · 1894
  2. Van Tassel v. New York, Lake Erie & Western RailroadNew York Court of Common Pleas · 1892

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