Van Alstyne v. Rochester Printing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, .David L. Van Alstyne, from an order of the Supreme Court, made at the .Ontario Trial Term and entered in the office of the clerk of the county of Ontario on the 26th day of June, 1897, granting the defendant’s motion for a new trial made-upon the minutes.. The action was brought to recover damages for :an alleged libel.. The jury rendered a verdict in favor of the plaintiff for $1,500.
1Opinion of the Court
Hardin, P. J.:, The article set out in the complaint was published on the 26th of' December,. 1895. An inspection of the article indicates that the-trial judge properly held that it was libelous per se. The stipulation and the evidence given at the trial were sufficient to warrant the conclusion that the defendant ivas the publisher of the Democrat cmd Chronicle in which the article set out in the complaint appeared. (Witcher v. Jones, 43 N. Y. St. Repr. 151.)
The article complained of was received from Race, a correspondent, of the newspaper then residing at Geneva, a young gentleman about…
2Cases cited1 opinion
- Cameron v. Tribune Ass'nNew York Supreme Court · 1889
3Cited by3 opinions
- Robinson v. Evening Post Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Woodruff v. WoodruffNew York Supreme Court · 1901
- Robinson v. Evening Post Publishing Co.New York Supreme Court · 1898