Legal Opinion

Sweeney v. Schenectady Union Pub. Co.

Court of Appeals for the Second Circuit

Decided July 18, 1941No. 350PublishedCited by 38 opinions

1Opinion of the Court

CHASE, Circuit Judge.

Jurisdiction in this suit for the libelous publication by the defendant of the statements concerning the plaintiff which will presently be set forth rests upon diversity; the plaintiff being a resident of Ohio and the defendant a New York corporation. The appeal is from an order dismissing the complaint on motion after the filing of an answer consisting of a general denial; special matter in mitigation of damages ; and the truth of the matter printed coupled with the right to comment fairly thereon. No special damages were alleged and the question before us is whether the…

2Cases cited7 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Peck v. Tribune Co.Supreme Court of the United States · 1909
  3. Sydney v. MacFadden Newspaper Publishing Corp.New York Court of Appeals · 1926
  4. Kimmerle v. New York Evening Journal, Inc.New York Court of Appeals · 1933
  5. O'Connell v. . Press Publishing Co.New York Court of Appeals · 1915

2 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Mencher v. ChesleyNew York Court of Appeals · 1947
  2. National Ass'n of Government Employees, Inc. v. Central Broadcasting Corp.Massachusetts Supreme Judicial Court · 1979
  3. Ward v. ZelikovskySupreme Court of New Jersey · 1994
  4. Rambo v. CohenIndiana Court of Appeals · 1992
  5. Curtis Publishing Company v. Wallace Butts, Wallace Butts v. Curtis Publishing CompanyCourt of Appeals for the Fifth Circuit · 1965

33 more not listed; retrieve them via the Exa API.

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