O'Shea v. Kirker
The Superior Court of New York City
Appeal from a judgment entered on the report of a referee. The action was brought by P. O’Shea against two defendants, J. B. Kirker and J. G. Shea, for libel.
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Appeal from a judgment entered on the report of a referee. The action was brought by P. O’Shea against two defendants, J. B. Kirker and J. G. Shea, for libel. The cause was referred, and the referee found, as matters of fact on the issues tried before him— That the defendant John G. Shea wrote and caused to he published the alleged libellous matter set forth in the complaint; that the said John G. Shea was, at the time of the publication mentioned, in the employment of the defendant Kirker, who was then carrying on business in the city of Blew York, as a bookseller, under the name of Edward…
1Opinion of the Court
By the Court.*—Bosworth, Ch. J.
The learned referee before whom this action was tried, and by whom it was decided, found as a fact, “ that the alleged libellous matter was wantonly and unjustifiably made and published by the defendants,” and held, “ as a conclusion of law on the facts of the case,” that the plaintiff is entitled to recover damages against the defendants for an unjustifiable libel.
He further states in his report, that he severs “ the damages,, as the defendant Kirker appears to have taken little part in the libel, and is chiefly censurable for allowing the charge against the…
2Cases cited3 opinions
- Holley v. MixNew York Supreme Court · 1829
- Bohun v. CollinsNew York Supreme Court · 1826
- Knickerbacker v. ColverNew York Supreme Court · 1828
3Cited by5 opinions
- Polsey v. Waldorf-Astoria, Inc.Appellate Division of the Supreme Court of the State of New York · 1926
- McCool v. MahoneyCalifornia Supreme Court · 1880
- Pangburn v. Buick Motor Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Post v. StockwellNew York Supreme Court · 1885
- Wald v. Sachs Quality Furniture, Inc.Appellate Division of the Supreme Court of the State of New York · 1932