Stuart v. Press Publishing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Press Publishing 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 16th day of January, 1902, as resettled by an order entered in said clerk’s office on the 23d day of January, 1902, granting the plaintiff’s motion for a new trial made upon the minutes. The action is for libel.
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Appeal by the defendant, the Press Publishing 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 16th day of January, 1902, as resettled by an order entered in said clerk’s office on the 23d day of January, 1902, granting the plaintiff’s motion for a new trial made upon the minutes. The action is for libel. The plaintiff was a married man forty-one years of age, a resident of Passaic, N. J., a clerk in the employ of the Erie Railroad Company having charge of its advertising-department and was…
1Opinion of the Court
Laughlin, J.:
The important questions requiring consideration on this appeal will be discussed separately. First. The order expressly shows that the trial justice granted a new trial in the exercise of his discretion as well as upon the exceptions, and because the verdict was deemed inadequate. It does not and cannot appear, therefore, that the motion was granted solely upon exceptions or errors of law, or a misunderstanding of -the effect of the evidence, and, according to *473precedents in this court, the order should be affirmed. (Connor v. Mayor, 28 App. Div. 186; Ludeman v. Third Ave. R. R.…
2Cases cited20 opinions
- Youmans v. . SmithNew York Court of Appeals · 1897
- Cowley v. PulsiferMassachusetts Supreme Judicial Court · 1884
- Park v. Detroit Free Press Co.Michigan Supreme Court · 1888
- Marsh v. . EllsworthNew York Court of Appeals · 1872
- Moore v. Manufacturers' National Bank of TroyNew York Court of Appeals · 1890
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3Cited by25 opinions
- Tannerite Sports, LLC v. NBCUniversal News GroupCourt of Appeals for the Second Circuit · 2017
- Campbell v. New York Evening Post, Inc.New York Court of Appeals · 1927
- McCurdy v. HughesNorth Dakota Supreme Court · 1933
- A. H. Belo & Co. v. LooneyTexas Supreme Court · 1922
- Shiles v. News Syndicate Co.New York Court of Appeals · 1970
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