Garby v. Bennett
Appellate Division of the Supreme Court of the State of New York
Appeal dj the defendant, James Gordon Bennett, from a judgment of the. Supreme Court in favor of the plaintiff, entered in the office of the' clerk of the county of Richmond on the 29th day of October, 1898, on the verdict of a jury for $2,000, and also from.so much of an order .entered in said clerk’s office on the 31st day of-October, 1898, as denies the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Willard Bartlett, J.:
Only certain portions of the article complained of are libelous on their face. As to these, the defendant offered evidence from which the jury might have found that they constituted a fair report of legislative proceedings. Being capable of this view, the jury should have been allowed to determine whether -as matter of fact these parts of the publication merely gave a fair narrative of what had actually happened in the Legislature, or went further, and, therefore, made the publisher liable for their defamatory character. ■
As to the remainder of the article, I think it is…
2Cases cited2 opinions
- Hayes v. . BallNew York Court of Appeals · 1878
- Wesley v. BennettThe Superior Court of New York City · 1857
3Cited by7 opinions
- Gallagher v. BryantAppellate Division of the Supreme Court of the State of New York · 1899
- Payne v. RoussAppellate Division of the Supreme Court of the State of New York · 1899
- Cooper v. . Rochester Ice Cream Co.New York Court of Appeals · 1914
- Payne v. RoussAppellate Division of the Supreme Court of the State of New York · 1899
- Keller v. DeanAppellate Division of the Supreme Court of the State of New York · 1900
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