Bornmann v. . Star Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 11, 1902, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 11, 1902, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. This action was brought to recover damages for a libel based upon two publications in a newspaper issued by the defendant known as The New York Journal, one a news article under date of January 16th, 1900, and the other an editorial on the following day. They are as follows: “Used A Dead Body To Perpetrate A ‘ Joke.’—Ghastly Performance Of Twelve Young…
1Opinion of the CourtYam, J.
The legal effect of the publication complained of is the same as if the plaintiff had been the only physician referred to and, in view of the answer which mentions him by name, as if reference had been made to him eo nomine.
The article described the plaintiff as a physician and said, in substance, that he was a jackass in the guise of a doctor. It further charged that the medical school which gave him his diploma as a doctor of medicine graduated him, a brute, “ to care for us in sickness,” and a ghoul, “ to mutilate us when dead.” It criticized, by suggestion, the educational system which…
2Cases cited7 opinions
- Moore v. . FrancisNew York Court of Appeals · 1890
- Sanderson v. . CaldwellNew York Court of Appeals · 1871
- Cruikshank v. . GordonNew York Court of Appeals · 1890
- Krug v. . PitassNew York Court of Appeals · 1900
- White v. . CarrollNew York Court of Appeals · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Julian v. American Business Consultants, Inc.New York Court of Appeals · 1956
- Neiman-Marcus v. LaitDistrict Court, S.D. New York · 1952
- Weston v. . Commercial Advertiser Assn.New York Court of Appeals · 1906
- Farrell v. Triangle Publications, Inc.Supreme Court of Pennsylvania · 1960
- Gardella v. Log Cabin Products Co.Court of Appeals for the Second Circuit · 1937
6 more not listed; retrieve them via the Exa API.