Rose v. Imperial Engine Co.
Appellate Division of the Supreme Court of the State of New York
-Appeal by the defendant, the Imperial Engine Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Steuben on the 12th day of March, 1907, upon the verdict of a jury for $1,208, and also from an order entered in said clerk’s office on the 12th day of March, 1907, denying the defendant’s motion for a new trial made upon the_ minutes.
1Opinion of the Court
Robson, J.:
That the letter, for the publication of which the jury have awarded plaintiff the sum of $1,200 damages, is libelous per se, unless it is to be regarded as a privileged communication, is apparent. That the communication is not, as matter of law, privileged was determined on a prior appeal to this court.. (110 App. Div. 137.) The jury has found as matter of fact that it was not privileged, and we cannot say that this finding was against the weight of evidence.
Counsel for both parties seem to agree that the evidence appearing in the present record does not-materially differ from that…
2Cases cited7 opinions
- Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
- Crane v. . BennettNew York Court of Appeals · 1904
- Craven v. . BloomingdaleNew York Court of Appeals · 1902
- Stevens v. O'NeillAppellate Division of the Supreme Court of the State of New York · 1900
- Stevens v. . O'NeillNew York Court of Appeals · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Sidney Roginsky v. Richardson-Merrell, Inc.Court of Appeals for the Second Circuit · 1967
- Loughry v. Lincoln First Bank, N. A.New York Court of Appeals · 1986
- Doralee Estates, Inc. v. Cities Service Oil Company, and Third-Party v. Mgo Corp. And Monticello Gas & Oil Co., Inc., Third-PartyCourt of Appeals for the Second Circuit · 1977
- Pirre v. Printing Developments, Inc.District Court, S.D. New York · 1979
- Smith v. Little, Brown & CompanyDistrict Court, S.D. New York · 1967
3 more not listed; retrieve them via the Exa API.