Krug v. . Pitass
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 17, 1897, 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 fourth judicial department, entered April 17, 1897, affirming a judgment in favor of plaintiff entered upon a verdict, and an order denying a motion for' a new trial. This is an action to recover damages alleged to have been caused by the publication of an article concerning the plaintiff in a newspaper published in the Polish language at the city of Buffalo, known as “ Polak W. Ameryce,” or the Pole in America. The defendant Pitass was the proprietor of said newspaper, the defendant Slisz the editor, and the article…
1Opinion of the CourtVann, J.
The article in question, according to either translation, was libelous upon its face, because it charged the plaintiff with a want of professional ability and integrity and thus endangered the gain derived from his vocation. (Cruikshank v. Gordon, 118 N. Y. 178; Mattice v. Wilcox, 147 N. Y. 624; Flood on Libel & Slander, 114.) Referring to him as a physician, it called him a blockhead or fool, and appealed to all the Poles in Buffalo not to intrust themselves or their families to his professional care, when he so hated them that he would not help them if he could. The words used had a direct…
2Cases cited7 opinions
- Philadelphia, Wilmington, & Baltimore Railroad v. QuigleySupreme Court of the United States · 1859
- Sanderson v. . CaldwellNew York Court of Appeals · 1871
- Detroit Daily Post Co. v. McArthurMichigan Supreme Court · 1868
- Cruikshank v. . GordonNew York Court of Appeals · 1890
- Mattice v. . WilcoxNew York Court of Appeals · 1895
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- Crane v. . BennettNew York Court of Appeals · 1904
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