Legal Opinion

Bagully v. Morning Journal Ass'n

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

Decided July 1, 1899PublishedCited by 9 opinions

Appeal by the defendant, The Morning Journal Association, 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 28th day of February, 1898,. upon the verdict of a jury, and .also from an order entered in said clerk’s office on the 25th day of February, 1898, •denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Hatch, J. :

This is an action to recover damages for the alleged publication ■of • a libel. <Tlie verdict which has been rendered is quite large, but in view of the testimony given upon the trial it was perhaps justified. We should have no difficulty in affirming this judgment, were it not for the action and statements made by the attorney for the plaintiff in his summing up to the jury.

It appears in the record that upon such address counsel for the plaintiff stated : “ To show how juries give verdicts in libel suits, 1 have here a bound volume of Court of Appeals cases from the library and in…

2Cases cited1 opinion

  1. Halpern v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by9 opinions

  1. Hoffman v. New York Railways Co.City of New York Municipal Court · 1914
  2. Horton v. TerryAppellate Division of the Supreme Court of the State of New York · 1908
  3. United States v. Certain Lands in Town of HighlandsDistrict Court, S.D. New York · 1942
  4. Stewart v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1902
  5. Strickland v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1903

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