Ullrich v. New York Press Co.
New York Supreme Court
Action for libel,_ -Hotion on the minutes to set aside a verdict for the plaintiff. ■ The plaintiff was employed by the Board of Charities and Correction to receive and care' for all infant waifs abandoned,in the streets or public places of 'the city of Brooklyn, and was called City Nurse. The libel accused her of mistreating and neglecting' them. .
1Opinion of the Court
Gaynor J.:
Defamatory words, the occasion for the publishing of _which was quhlifiedly. privileged, are not a foundation, for an áction for libel, if published in good faith; and, such privileged ■oticasion being pleaded as a defense and shown, they are always^pre^ suméd to have been published in good.faith,, unless the contrary be shown. An action for libel may not therefore be maintained' upon them, unless the plaintiff prove that the defendant published them from malice. Such proof deprives the def endant of his privilege. The general' rule in respect of publications not 'privileged is…
2Cases cited9 opinions
- Hunt v. . BennettNew York Court of Appeals · 1859
- King v. RootCourt for the Trial of Impeachments and Correction of Errors · 1829
- Root v. King & VerplanckNew York Supreme Court · 1827
- Williams v. . HaysNew York Court of Appeals · 1894
- Smith v. . MatthewsNew York Court of Appeals · 1897
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3Cited by11 opinions
- Davis v. HearstCalifornia Supreme Court · 1911
- Glenn R. Funk v. Scripps Media, Inc.Tennessee Supreme Court · 2019
- Times Pub. Co. v. CarlisleCourt of Appeals for the Eighth Circuit · 1899
- Oklahoma Publishing Co. v. KendallSupreme Court of Oklahoma · 1923
- Griswold v. HorneArizona Supreme Court · 1917
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