Smid v. Bernard
New York Supreme Court
Motion for a new trial. Action for damages for libel. The complaint was dismissed as not stating facts sufficient to constitute a cause of action. . It alleges two causes of action, each based on a different article published in the newspaper of the defendants in the Bohemian language. The articles purport on their face to be communicated to the newspaper by the officers of local Bakers’ Union ¡No. 22, of the International Union.
Read the full summary
Motion for a new trial. Action for damages for libel. The complaint was dismissed as not stating facts sufficient to constitute a cause of action. . It alleges two causes of action, each based on a different article published in the newspaper of the defendants in the Bohemian language. The articles purport on their face to be communicated to the newspaper by the officers of local Bakers’ Union ¡No. 22, of the International Union. The plaintiff is engaged in the business of retail baker in the Bohemian quarter of ¡New York city. ■The translation agreed upon of the publication alleged in the…
1Opinion of the Court
Gaynob, J.:
The publication set out in the first cause of action purports to be a communication in behalf of local bakers’ union Mo. 22, of the international union, and consists only of statements that the plaintiff had “ declared a fight ” against the said bakers’ union, and refused to employ its members, because they would not work for fifty cents a day, which he offered, and. would wait till workmen got cheaper; and also that the plaintiff once worked for less than union wages;-and concludes with a request to the public in the Bohemian quarter to pass by the plaintiff’s bakery store until…
2Cases cited10 opinions
- Bergmann v. . JonesNew York Court of Appeals · 1883
- Squier v. GouldNew York Supreme Court · 1835
- Weiss v. WhittemoreMichigan Supreme Court · 1873
- Hallock v. MillerNew York Supreme Court · 1848
- Homer v. EngelhardtMassachusetts Supreme Judicial Court · 1875
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Bosi v. New York Herald Co.New York Supreme Court · 1901
- Hume v. KuscheNew York Supreme Court · 1904
- Gutkes v. New York Produce ExchangeNew York Supreme Court · 1905
- Thorner v. SamuelsNew York Supreme Court · 1923
- Taylor v. WallaceNew York Supreme Court · 1900
9 more not listed; retrieve them via the Exa API.