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 April 5, 1902, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. This was an action for libel. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 5, 1902, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. This was an action for libel. The facts, so far as material, are stated in the opinion. The trial justice erred in admitting in evidence the affidavit of Marion S. Yerkes, verified the 21st day of June, 1899. (Ives v. Ellis, 169 N. Y. 85.) The grounds of objection were well stated. It was not harmless error as the affidavit was strongly calculated to arouse…
1Opinion of the CourtO’Brien, J.
On the 16th day of February, 1898, the defendant, a domestic corporation, printed and published in the New York Evening Journal, a newspaper published in the city of New York, an article of and concerning the plaintiff, of which the following is a copy :
“¡Noted Thief Caught in Philadelphia.
“ Ellen Cudlip, wanted here for big diamond robbery, Held for Extradition.
“ Ellen Cudlip, said to be one of the most daring woman diamond thieves in the country, is safe at last under lock and key in Philadelphia, where she is held to-day to await the arrival of extradition papers from this State.
“ The…
2Cases cited2 opinions
- Anderson v. Rome, Watertown & Ogdensburgh RailroadNew York Court of Appeals · 1873
- Ives v. . EllisNew York Court of Appeals · 1901
3Cited by6 opinions
- McBride Ex Rel. I.M.S. v. Estis Well Service, L.L.C.Court of Appeals for the Fifth Circuit · 2014
- Stewart v. JohnsonSupreme Court of Florida · 1940
- New York Evening Journal Pub. Co. v. SimonCourt of Appeals for the Second Circuit · 1906
- Haleigh McBride v. Estis Well Service L. L.Court of Appeals for the Fifth Circuit · 2014
- McBride Ex Rel. I.M.S. v. Estis Well Service, L.L.C.Court of Appeals for the Fifth Circuit · 2014
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