Cohalan v. . New York Press Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Oomt in the first judicial department, entered January 22, 1912, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Oomt in the first judicial department, entered January 22, 1912, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The error in refusing to give the defendant’s request to charge, viz., that “In order to justify the jury in awarding a sum beyond mere compensation the plaintiff must establish the fact of actual malice, and must do so by á preponderance of evidence,” requires the reversal of the judgment. (Gressman v. M. J.…
1Per curiam
At the Trial Term the plaintiff recovered a verdict of $10,000 damages for the publication of a newspaper' libel in derogation of his character and motives as a public officer. The judgment entered upon the verdict was affirmed, by a divided court, at the Appellate Division. We think the result is right, and we would affirm on this appeal without opinion, but for some expressions in the prevailing opinion below to which we cannot subscribe.
At the Appellate Division and in this court the learned counsel for the defendant argued that the trial court had committed error in declining to charge a…
2Cases cited1 opinion
- Crane v. . BennettNew York Court of Appeals · 1904
3Cited by9 opinions
- Corrigan v. . Bobbs-Merrill Co.New York Court of Appeals · 1920
- Bishop v. . New York Times Co.New York Court of Appeals · 1922
- Frechette v. Special Magazines, Inc.Appellate Division of the Supreme Court of the State of New York · 1954
- Devoy v. Irish World & American Industrial Liberator Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Cohalan v. New York World-Telegram Corp.New York Supreme Court · 1939
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