Lynch v. New York Times Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Times Company, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 18th day of June, 1915, setting aside the verdict of a jury in defendant’s favor and granting plaintiff’s motion for a new trial.
1Opinion of the Court
Scott, J.:
The action is for libel based on the publication by defendant of the proceedings in a criminal court in which the person arraigned, a relative of the plaintiff, had assumed plaintiff’s name. In connection with this report defendant had published certain statements concerning plaintiff which were false and were derogatory to him but would have been true if spoken of the person who was arraigned and who had assumed plaintiff’s name. The plaintiff alleged no special damage, and it was quite apparent that the publication was without actual malice and the result of a mistake.
The trial…
2Cases cited3 opinions
- Funk v. Evening Post Publishing Co.New York Supreme Court · 1894
- Throckmorton v. Evening Post Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Funk v. . Evening Post Publishing CompanyNew York Court of Appeals · 1897
3Cited by15 opinions
- Faulk v. Aware, Inc.Appellate Division of the Supreme Court of the State of New York · 1963
- Wright v. Farm Journal, Inc.Court of Appeals for the Second Circuit · 1947
- Bouveng v. NYG Capital LLCDistrict Court, S.D. New York · 2016
- Butts v. Curtis Publishing CompanyDistrict Court, N.D. Georgia · 1964
- Frechette v. Special Magazines, Inc.Appellate Division of the Supreme Court of the State of New York · 1954
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