Hamilton v. . Eno
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, afiirming a judgment in favor of plaintiff entered upon a verdict. (Reported below, 16 Hun, 599.) This was an action for libel.
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Appeal from judgment of the General Term of the Supreme Court, in the first judicial department, afiirming a judgment in favor of plaintiff entered upon a verdict. (Reported below, 16 Hun, 599.) This was an action for libel. In 1814 plaintiff, who was assistant sanitary inspector of the board of health of the city of Hew York, in the discharge of his duties made a report to the superintendent of the health department, wherein, as is stated in the complaint, he “ highly commended the pavement made and furnished by the Grahamite Pavement Company as a pavement of great excellence,” giving…
1Opinion of the Court
Folger, Ch. J.
The principal question involved here is whether the publication made by the defendant was a privileged communication ; and if it was; whether it was rightly dealt with by the trial court.
This question was up in Klinck v. Colby (46 N. Y. 427), so far as private citizens on each side of it were concerned. We there held, that it is for the court to determine whether the subject-matter to which the alleged libel relates, the interest in it of the author of it, or his relations to it, are such as to furnish an excuse; but that the_ question of good faith, belief in the truth of the…
2Cases cited10 opinions
- Klinck v. . ColbyNew York Court of Appeals · 1871
- Commonwealth v. ClapMassachusetts Supreme Judicial Court · 1808
- Bush v. . ProsserNew York Court of Appeals · 1854
- King v. RootCourt for the Trial of Impeachments and Correction of Errors · 1829
- Root v. King & VerplanckNew York Supreme Court · 1827
5 more not listed; retrieve them via the Exa API.
3Cited by95 opinions
- Montgomery v. PhiladelphiaSupreme Court of Pennsylvania · 1958
- Coleman v. MacLennanSupreme Court of Kansas · 1908
- Burt v. Advertiser Newspaper Co.Massachusetts Supreme Judicial Court · 1891
- Halberstadt v. . New York Life Ins. Co.New York Court of Appeals · 1909
- Triggs v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1904
90 more not listed; retrieve them via the Exa API.