Witcher v. Jones
New York Court of Common Pleas
Appeal from trial term. Action by Vincent A. Witcher against Gilbert E. Jones, as treasurer of the New York Times, for libel. Verdict and judgment for plaintiff. Defendant appeals from the judgment, and order denying a motion for a new trial.
1Opinion of the CourtPryor, J.
For reversal of the j udgment, appellant relies on three grounds: (1) Insufficient proof of publication by the defendant company. The issue of the newspaper containing the article, and its production in court, constituted complete proof of publication; and, by identity of name, control, and locality of office, a prima facie connection of the company with the newspaper and publication by the company, were so shown as to require contradictory evidence from the defendant. As the defendant had peculiar means of repelling the proof of publication, and neglected so to do, we must accept the fact as…
2Cases cited13 opinions
- Reynolds v. United StatesSupreme Court of the United States · 1879
- Late Corp. of the Church of Jesus Christ of Latter-Day Saints v. United StatesSupreme Court of the United States · 1890
- Sanderson v. . CaldwellNew York Court of Appeals · 1871
- Holmes v. . JonesNew York Court of Appeals · 1890
- Bergmann v. . JonesNew York Court of Appeals · 1883
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3Cited by16 opinions
- Davis v. HearstCalifornia Supreme Court · 1911
- Burnett v. National Enquirer, Inc.California Court of Appeal · 1983
- Wallace v. Homestead Co.Supreme Court of Iowa · 1902
- Candrian v. MillerWisconsin Supreme Court · 1898
- Osterheld v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1911
11 more not listed; retrieve them via the Exa API.