Garrison v. Sun Printing & Publishing Ass'n
New York Court of Appeals
Appeal, by permission, from an order "of the Appellate Division of the Supreme Court in the first judicial department, entered May 31, 1912, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint.
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Appeal, by permission, from an order "of the Appellate Division of the Supreme Court in the first judicial department, entered May 31, 1912, which affirmed an interlocutory judgment of Special Term overruling a demurrer to the complaint. The following question was certified: “ Does the second cause of action alleged in the second amended complaint herein state facts sufficient to constitute a cause of action ? ” The nature of the action and the facts, so far as material, are stated in the opinion. A recovery is allowed in tort only for damages which are the natural and probable consequence of…
1Opinion of the CourtHiscock, J.
By demurrer to one of the purported causes of action set forth in the complaint, the question is presented whether a husband may recover for loss of serv ices of his wife caused by her sickness resulting from mental distress which in turn was caused by the defendant’s willful and malicious publication concerning her of defamatory words actionable per se. There is no question but that the published words are libelous pe se, and whatever facts may be established on a trial, we must assume for the purposes of this appeal, in accordance with defendant’s admissions concededly to be implied from…
2Cases cited25 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Ehrgott v. . Mayor, Etc., of City of N.Y.New York Court of Appeals · 1884
- Mitchell v. . Rochester Railway Co.New York Court of Appeals · 1896
- Spade v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1897
- Reynolds v. . RobinsonNew York Court of Appeals · 1876
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3Cited by59 opinions
- Howell v. New York Post Co.New York Court of Appeals · 1993
- Agis v. Howard Johnson Co.Massachusetts Supreme Judicial Court · 1976
- Commonwealth v. DavisTexas Supreme Court · 1942
- Williams v. State of New YorkNew York Court of Appeals · 1955
- Den Norske Ameriekalinje Actiesselskabet v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1919
54 more not listed; retrieve them via the Exa API.