Simpson v. Press Publishing Co.
New York Supreme Court
Action for damages for libel. Trial of an issue of law raised by a demurrer that the complaint does not state facts sufficient to constitute a cause of action. The publication complained of is that the plaintiff has the disease of leprosy.
1Opinion of the Court
Gaynor, J.:
To falsely say of one that he has leprosy is slander (Williams v. Holdredge, 22 Barb. 396; Odgers, 63). Hence, to publish it by writing is a libel. It was slander because leprosy was taken to be an infectious or contagious disease tending to cause one afflicted with it to be shunned or excluded from society; and that was and is part of the definition of slander (Odgers, 53). The defendant contends that it is now scientifically established that leprosy is not infectious or contagious, but only hereditary, and that therefore it is no longer within the definition of slander. When an…
2Cases cited1 opinion
- Williams v. HoldredgeNew York Supreme Court · 1854
3Cited by8 opinions
- Matson v. BD. OF EDUC., CITY SCHOOL DIST. OF NYCourt of Appeals for the Second Circuit · 2011
- Matherson v. MarchelloAppellate Division of the Supreme Court of the State of New York · 1984
- Burton v. Crowell Pub. Co.Court of Appeals for the Second Circuit · 1936
- Lewis v. HayesCalifornia Supreme Court · 1918
- Liebmann v. AldhousCity of New York Municipal Court · 1919
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