Hollien v. Tarrytown Daily News, Inc.

Judgment reversed on the law and a new trial granted, costs to abide the event. In our opinion, the article complained of is libelous per se if the jury finds that the article referred to plaintiff, and the charge of the learned trial court in this respect was correct. It was, however, error to charge “ that this is not a case for nominal damages of six cents.’’ (See Amory v. Vreeland, 125 App. Div. 850.) It was also error to charge that “ the law presumes malice from which punitive damages follows.” It is well settled that punitive damages cannot be awarded by the jury in the absence of…