Smith v. Staten Island Advance Co.

The complaint which the defendant moves to dismiss alleges that the publication was headed: “ Both skippers are fined in ferry mishap ” and that the article itself reads in part: “ Both Captains were found at fault and fined as the result of a Coast Guard investigation into the crash of the ferry Knickerbocker and a Liberty Ship * * * as a result both Captain John J. Zito * * * and Captain J. J. Smith (plaintiff) * * * were found to have violated the rules of the road and fined $50 each. The collision occurred in the afternoon just after the ferryboat had pulled away from its slip at South…