Demos v. New York Evening Journal Publishing Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered ¡November 20, 1911, modifying and affirming as modified 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 Court in the first judicial department, entered ¡November 20, 1911, modifying and affirming as modified 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 court erred in directing a verdict for the plaintiff, holding the publication to be libelous per se, and refusing to submit the meaning of the publication to the jury. (Morrison v. Smith, 177 N. Y. 366; Irving v. Irving, 121 App. Div. 258; Hoey v. N. Y. Times Co., 138 App. Div. 149;…
1Opinion of the CourtGray, J.
This is an action of libel and the complaint charges, in several causes of action, the publication and republication, in different editions of the defendant’s newspaper, of the news item, which is alleged to be libelous. The pleading sets forth that “ on September 23d, 1906, the dismembered trunk of the dead body of a man was discovered in a pit, at the corner of 11th Avenue and 36th Street, in the Borough of Manhattan, City of New York, (and that said body was identified to he the body of one Jack Mano). That thereafter, and on September 24th, 1906, one Oapanake and one Dandrakes were…
2Cases cited1 opinion
- Morrison v. . SmithNew York Court of Appeals · 1904
3Cited by11 opinions
- Sweeney v. United Feature Syndicate, Inc.Court of Appeals for the Second Circuit · 1942
- Shubert v. Variety, Inc.New York Supreme Court · 1926
- Wittemann Bros. v. Wittemann Co.New York Supreme Court · 1914
- Cooper v. . Rochester Ice Cream Co.New York Court of Appeals · 1914
- Gordon v. HymanNew York Supreme Court · 1927
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