New York Evening Journal Pub. Co. v. Simon
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. This cause comes here upon writ of error to review a judgment in favor of defendant in error, who was plaintiff below. The action was for libel in publishing of plaintiff, the captain of L’Aquitaine, one of the steamers of the French Line, that he passed by a waterlogged bark in mid-ocean, leaving her crew of 14 men to their fate, although she signaled: “Send us help. We are sinking.”
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In Error to the Circuit Court of the United States for the Southern District of New York. This cause comes here upon writ of error to review a judgment in favor of defendant in error, who was plaintiff below. The action was for libel in publishing of plaintiff, the captain of L’Aquitaine, one of the steamers of the French Line, that he passed by a waterlogged bark in mid-ocean, leaving her crew of 14 men to their fate, although she signaled: “Send us help. We are sinking.” The jury gave plaintiff a verdict of $5,000.
1Per curiam
Only two points were presented upon this appeal, and the argument in support of neither is persuasive.
1. It is challenged as error that the trial judge allowed a witness to testify that “the captain was very much distressed about this article.” The witness was not allowed to expatiate on this subject, and other statements that he made were stricken out. The single question, then, is whether the admission of this particular piece of testimony, which no doubt expresses the conclusion of the witness, can be considered as a harmful error. Without now determining whether such an opinion is or is…
2Cases cited2 opinions
- Press Pub. Co. v. McDonaldCourt of Appeals for the Second Circuit · 1894
- Cudlip v. New York Evening Journal Publishing Co.New York Court of Appeals · 1903
3Cited by2 opinions
- Post Pub. Co. v. PeckCourt of Appeals for the First Circuit · 1912
- Washington Post Co. v. ChalonerCourt of Appeals for the D.C. Circuit · 1917