Gressman v. . Morning Journal Assn.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 11,1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The action was brought by ¡fiaintiff’s intestate to recover damages for the injury caused to her reputation by a libelous article published of her in the defendant’s newspaper.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered August 11,1908, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The action was brought by ¡fiaintiff’s intestate to recover damages for the injury caused to her reputation by a libelous article published of her in the defendant’s newspaper. It was headlined and, in part, read as follows: “ Margaret’s Love is Her Undoing. “ ¡Nurse of German Hospital Insane. “ She Fell in Love with a Patient Whom she did…
1Opinion of the CourtGray, J.
The only question, which we need consider upon this appeal, is the right of the defendants to have the trial court instruct the jurors “ that in reduction of compensatory damages, the jury may consider each and every statement in the article, which is proved to be true.” The exception to his refusal to so charge presents the question. In so refusing to instruct, and in adding the remark that “ as I have already advised the jury, compensatory damages can never be reduced, if the defendant’s liability be fixed”, the trial judge relied upon what he had said in his main charge. He had told the…
2Cases cited1 opinion
- Wachter v. . QuenzerNew York Court of Appeals · 1864
3Cited by30 opinions
- Fleckenstein v. FriedmanNew York Court of Appeals · 1934
- Melville Harris, as Trustee in Bankruptcy of Leonard Massello and William Massello v. Standard Accident and Insurance CompanyCourt of Appeals for the Second Circuit · 1961
- Mattox v. News Syndicate Co.Court of Appeals for the Second Circuit · 1949
- Foley v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1929
- Crane v. New York World Telegram Corp.New York Court of Appeals · 1955
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