Grant v. Herald Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Herald Company, from a judgment of the Supreme Court in favor of- the plaintiff, entered in the office of the clerk of the county of Cortland on the 20th day of March, 1899, upon the verdict of a jury for $500, and also from an order entered in said clerk’s office on the 6th day of March, 1899, denying the defendant’s motion for a new trial made upon a case and exceptions.
1Opinion of the Court
Merwin, J. :
It was held in this case by the trial court, properly, we think, that the only question for -the jury was one of damages. The publication of the articles complained of was, partially at least, admitted by the answer, and proof was also made of the publication. There was no proof to the contrary. The defendant did not show that the charge against the plaintiff was true. There was no proof that prior to the publication the charge stated in the articles published had been made against tbe plaintiff. The charge in substance was, that a *355young woman, under sixteen years of age, had…
2Cases cited2 opinions
- Smith v. . MatthewsNew York Court of Appeals · 1897
- Van Ingen v. Mail & Express Publishing Co.New York Court of Appeals · 1898
3Cited by4 opinions
- Pecue v. CollinsAppellate Division of the Supreme Court of the State of New York · 1923
- O'Brien v. BennettAppellate Division of the Supreme Court of the State of New York · 1901
- Grinnell v. WestonAppellate Division of the Supreme Court of the State of New York · 1904
- Hartmann v. WinchellAppellate Division of the Supreme Court of the State of New York · 1945