Young v. Fox
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term. Action by Emma B. Young against Richard. K. Fox. From a judgment in favor of plaintiff for 125,000 entered on a verdict, and from an order denying a motion for a new trial, defendant appeals.
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Appeal from trial term. Action by Emma B. Young against Richard. K. Fox. From a judgment in favor of plaintiff for 125,000 entered on a verdict, and from an order denying a motion for a new trial, defendant appeals. On or about the 30th day of October, 1889, there was published in a weekly periodical, called the “National Police Gazette,” then owned and controlled by the defendant, the following, purporting to be a true account of an occurrence said to have taken place at the Hamilton House, an hotel in Paterson, N. J., a few days prior there! o : “Was It a Vile Plot? “A Midnight Surprise…
1Opinion of the CourtO’Brien, J.
Although many grounds are urged for a reversal of the judgment, the principal 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, N. J., some time about 5…
2Cases cited9 opinions
- Holmes v. . JonesNew York Court of Appeals · 1890
- Holmes v. . JonesNew York Court of Appeals · 1895
- Warner v. Press Publishing Co.New York Court of Appeals · 1892
- Smith v. . MatthewsNew York Court of Appeals · 1897
- Woodruff v. . Bradstreet Co.New York Court of Appeals · 1889
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3Cited by9 opinions
- Reynolds v. PeglerDistrict Court, S.D. New York · 1954
- Henderson v. DreyfusNew Mexico Supreme Court · 1919
- Times Pub. Co. v. CarlisleCourt of Appeals for the Eighth Circuit · 1899
- Craney v. DonovanSupreme Court of Connecticut · 1917
- Estelle v. Daily News Publishing Co.Nebraska Supreme Court · 1917
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