Fagan v. New York Evening Journal Publishing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the New York Evening Journal Publishing Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 20th day of February, 1908, upon the decision of the court, rendered after a trial at the Kings County Special Term, overruling the defendant’s demurrer to the complaint.
1Opinion of the Court
Rich, J.:
The defendant demurred to the complaint in an action to recover damages for an alleged libel. The demurrer was overruled, and from the interlocutory judgment accordingly entered the defendant appeals.
The article alleged to constitute the libel is not libelous per se, consequently special damages arising from,, the publication must be *29alleged to have been sustained by the plaintiff. The article is not actionable unless special damage was the immediate and legal consequence of its publication, from which injury of a pecuniary nature resulted to the plaintiff. (Langdon v. Shearer, 43…
2Cases cited5 opinions
- Reporters' Ass'n of America v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1906
- Corr v. . Sun Printing Publishing Assn.New York Court of Appeals · 1904
- Bosi v. New York Herald Co.New York Supreme Court · 1901
- Langdon v. ShearerAppellate Division of the Supreme Court of the State of New York · 1899
- Pettibone v. SimpsonNew York Supreme Court · 1873
3Cited by6 opinions
- Twiggar v. Ossining Printing & Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Dunlap v. SundbergWashington Supreme Court · 1909
- Verges v. News Syndicate Co.District Court, S.D. New York · 1951
- Knickerbocker v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Neaton v. Lewis Apparel Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 1944
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