Wuest v. Brooklyn Citizen
New York Supreme Court
Motion by the plaintiff for a new trial, verdict having been directed for the defendant on the evidence of both sides. Action for damage for libel.
1Opinion of the Court
Gaynor, J.:
The libel as alleged is as follows: “ She went to prison for an operation. She sank so low. She said it cost five dollars and that her screams were heard all over the block.”
It is falsely set out in the complaint, the article “ a ” being-omitted before the word “ prison ”; it reads “ a prison ”.
The plaintiff does not in the complaint rest upon the words in their natural, or unaided, meaning, but alleges a particular meaning of them which she claims constituted the libel, and bases her complaint on that meaning. Smch allegation is as follows: “ That the above words and statement are…
2Cases cited2 opinions
- Smid v. BernardNew York Supreme Court · 1900
- Westbrook v. New York Sun Ass'nNew York Supreme Court · 1900
3Cited by4 opinions
- Nichols v. Daily Reporter Co.Utah Supreme Court · 1905
- Patterson v. EvansMissouri Court of Appeals · 1911
- Martin v. Press Publishing Co.New York Supreme Court · 1903
- Lambertini v. Sun Printing & Publishing Co.New York Supreme Court · 1905