Farrell v. New York Evening Post, Inc.

Upon the close of the testimony in this action for libel the defendant moves for a directed verdict. There is no issue of fact remaining in the case upon which jurors could reasonably differ. Upon the evidence adduced there survives solely an issue of law, the determination of which will be controlling, namely, whether the publication charged to be libelous was absolutely privileged under section 337 of the Civil Practice Act.

The proof shows that on February 13, 1934, the defendant, the owner of a widely-circulated daily newspaper in the city of New York, published an article concerning the…