Mosler v. Whelan

The opinion of the court was delivered by

Coiword, J. A. D.

This is a libel action. There was a jury verdict in the Law Division for the defendant. Plaintiff’s appeal is from the consequent judgment and the denial of a motion for a new trial. The most substantial errors assigned are the refusals of the trial court to enter an interlocutory judgment in favor of the plaintiff on the issue of liability or to instruct the jury that the publication complained of was “libelous per se.” We have concluded that the publication in question was defamatory on its face and libelous as a matter of law, and…