Young v. Fox
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Richard K. Fox, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 6th day of May, 1897, upon the verdict of a jury for $26,000; also from an order entered in said clerk’s office on the 5th day of May, 1897, denying the defendants motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 4th day of May, 1897, granting the…
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Appeal by the defendant, Richard K. Fox, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 6th day of May, 1897, upon the verdict of a jury for $26,000; also from an order entered in said clerk’s office on the 5th day of May, 1897, denying the defendants motion for a new trial made upon the minutes, and also from an order entered in said clerk’s office on the 4th day of May, 1897, granting the plaintiff an extra allowance of $500. On or about the 30th day of October, 1889, there was published in a weekly…
1Opinion of the Court
O’Brien, J.:
Although many grounds are urged for a reversal of the judgment, the ¡irincipal ones are (1) that the justification pleaded by the defendant was proved in every essential particular; (2) that the court erred in charging the jury, that the defendant’s publication was libelous per se, and (3) that the court erred in its charge to the jury upon the subject of punitive damages.
It was made to appear that many of the incidents related in the article actually occurred. It is conceded that, on the day in question, the plaintiff with a young man named Richardt left Montclair, NT. J., some…
2Cases cited5 opinions
- Holmes v. . JonesNew York Court of Appeals · 1890
- Smith v. . MatthewsNew York Court of Appeals · 1897
- Woodruff v. . Bradstreet Co.New York Court of Appeals · 1889
- Prince v. Brooklyn Daily EagleNew York Supreme Court · 1896
- Bradley v. CramerWisconsin Supreme Court · 1886
3Cited by11 opinions
- Reynolds v. PeglerDistrict Court, S.D. New York · 1954
- Henderson v. DreyfusNew Mexico Supreme Court · 1919
- Osterheld v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Kehoe v. New York Tribune, Inc.Appellate Division of the Supreme Court of the State of New York · 1930
- Xavier v. OliverAppellate Division of the Supreme Court of the State of New York · 1903
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