Legal Opinion

Gray v. Brooklyn Union Publishing Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 7 opinions

Appeal by the plaintiff, Mary Jennings Gray, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 18th day of May, 1898, upon the verdict of a jury for six cents, and also from an order entered in said clerk’s office on the 23d day of May, 1898, denying the plaintiff’s motion for a new trial made upon the minutes.

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Appeal by the plaintiff, Mary Jennings Gray, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 18th day of May, 1898, upon the verdict of a jury for six cents, and also from an order entered in said clerk’s office on the 23d day of May, 1898, denying the plaintiff’s motion for a new trial made upon the minutes. The action was brought to recover damages for a libel alleged to have been published of and concerning the plaintiff in a newspaper of which the defendant is the proprietor. The alleged libelous article is…

1Opinion of the Court

Hatch, J.:

At the trial defendant sought upon cross-examination, and also by affirmative proof, to show that an article similar to the one which formed the basis of this action was published in other papers prior to the publication by the defendant. The question first arose upon the cross-examination of one of the witnesses for the plain*287tiff, who was asked : “ Did you see this article or a similar article in reference to the plaintiff in any other papers before it was published in The Standard- Union ?” This was objected to upon the ground that it was “ immaterial, incompetent, irrelevant and…

2Cases cited4 opinions

  1. Bush v. . ProsserNew York Court of Appeals · 1854
  2. Mattice v. . WilcoxNew York Court of Appeals · 1895
  3. Brush v. BlotAppellate Division of the Supreme Court of the State of New York · 1897
  4. Montignani v. E. V. Crandall Co.Appellate Division of the Supreme Court of the State of New York · 1898

3Cited by7 opinions

  1. Sun Printing & Publishing Ass'n v. SchenckCourt of Appeals for the Second Circuit · 1900
  2. Pfister v. Milwaukee Free Press Co.Wisconsin Supreme Court · 1909
  3. Norfolk Post Corp. v. WrightCourt of Appeals of Virginia · 1924
  4. Carpenter v. New York Evening Journal Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1904
  5. Palmer v. . MatthewsNew York Court of Appeals · 1900

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