Walling v. Commercial Advertiser Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Commercial Advertiser Association, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Queens on the 17th day of February, 1915, upon the verdict of a jury for $7,500, and also from an order entered in said clerk’s office on the same day, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
JENKS, P. J.:
The defendant appeals from a judgment entered upon a ven diet for the plaintiff'at Trial Term in an action for libel. The learned court charged: “ In any event, the plaintiff is entitled to compensation for the injury done him by the use of those words, if you find that they were designed to be applied to him, and that he suffered injury thereby; if no proof has been offered on behalf of the defendant of the truth of those words; if you find them to be libelous, and in that connection you may consider the fact that in the answer of the defendant there are statements which have…
2Cases cited11 opinions
- Klinck v. . ColbyNew York Court of Appeals · 1871
- Upton v. HumeOregon Supreme Court · 1893
- White v. . SmithNew York Court of Appeals · 1871
- Lawyers' Co-operative Publishing Co. v. West Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Fero v. . RuscoeNew York Court of Appeals · 1850
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3Cited by1 opinion
- Kirby v. Pittsburgh Courier Pub. Co.Court of Appeals for the Second Circuit · 1945