De Sando v. New York Herald Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Pietro De Sando, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Few York on the 4th day of December, 1902, upon the decision of the court, rendered after a trial at the Few York Special Term, sustaining- .'the defendant’s demurrer to the plaintiff’s complaint. The action is for.libel published on October 6,1901, in defendant’s Sunday newspaper.
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Appeal by the plaintiff, Pietro De Sando, from an interlocutory judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Few York on the 4th day of December, 1902, upon the decision of the court, rendered after a trial at the Few York Special Term, sustaining- .'the defendant’s demurrer to the plaintiff’s complaint. The action is for.libel published on October 6,1901, in defendant’s Sunday newspaper. The article complained of sets ’forth, the career of Giuseppe Musolino, an Italian bandit, brigand and mui'derer, and in connection therewith…
1Opinion of the Court
O’Brien, J.:
The article is concededly libelous, describing as it does an Italian bandit and stating facts which show that he was a murderer, a brigand and fugitive from justice and guilty of a felony. In connection with this article we have a reproduction of the plaintiff’s photograph, and underneath it the name of the bandit, which is not the plaintiff’s name. Although the name beneath the photograph is different from the plaintiff’s, and there is a statement that the bandit is still in Italy while the plaintiff lives here, we have still the *494fact that the likeness is that of the plaintiff,…
2Cases cited2 opinions
- Clary-Squire v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Morrison v. SmithAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by8 opinions
- Crump v. Beckley Newspapers, Inc.West Virginia Supreme Court · 1984
- Flake Ex Rel. Flake v. Greensboro News Co.Supreme Court of North Carolina · 1938
- Tidmore v. MillsAlabama Court of Appeals · 1947
- Wandt v. Hearst's Chicago AmericanWisconsin Supreme Court · 1906
- de Figuerola v. McGraw-Hill Publishing Co.New York Supreme Court · 1947
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