O'Shaughnessy v. Morning Journal Ass'n
New York Supreme Court
Exceptions from circuit court, Kings county. Action by James O’Shaughnessy against the Morning Journal Association. The court granted defendant’s motion to dismiss, and ordered that plaintiff’s exceptions be heard in the first instance at general term.
1Opinion of the CourtBarnard, P. J.
The complaint set forth an article published by the defendant of and concerning the plaintiff, which was sufficient to carry the case to the jury. The charge in the article is to the effect that the plaintiff, a detective officer, joined in the pursuit of an escaped prisoner in Brooklyn; that the plaintiff, upon the capture of the prisoner, struck him with such force that he dropped like a log, and was handcuffed before he recovered, and douched with cold water; that the spectators cried “Shame!” and called the plaintiff a big brute; that there was no sufficient occasion for this rough…
2Cited by2 opinions
- Church v. Tribune Ass'nAppellate Division of the Supreme Court of the State of New York · 1909
- Mildenberger v. FlemmingNew York Supreme Court · 1928