Horton v. Binghamton Press Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Anna L. Horton, from an order of the Supreme Court, made at the Broomé Trial Term and entered in the office of the clerk of the county of Broome on the 3d day of January, 1907, setting aside the verdict of a jury in favor of the plaintiff for $5,000, and granting a new trial of the action. The action is brought to recover damages for libel.
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Appeal by the plaintiff, Anna L. Horton, from an order of the Supreme Court, made at the Broomé Trial Term and entered in the office of the clerk of the county of Broome on the 3d day of January, 1907, setting aside the verdict of a jury in favor of the plaintiff for $5,000, and granting a new trial of the action. The action is brought to recover damages for libel. Upon the 15th day of May, 1905, the defendant published an article referring mainly to the plaintiff’s daughter. The heading of the article is as follows: “ Binghamton Girl Fiancee of Mr. Croker. Allegation of Miss Horton. She Says…
1Opinion of the Court
Smith, P. J.:
Libel has been defined as a malicious defamation, expressed either in printing or writing, tending to blacken the reputation of one who is alive, and to expose him to "public hatred, contempt or ridicule. We are unable to find any warrant in the. article published for the inference by the jury that the plain tiff was charged with being a prostitute; Any inference that she was a prostitute that may be drawn from the charge that she lived in a block which was the resort of prostitutes would seem to be fully counterbalanced by the fact that she was living there with her husband and…
2Cited by2 opinions
- Kimmerle v. New York Evening Journal, Inc.New York Court of Appeals · 1933
- Hinsdale v. Orange County Publications, Inc.New York Court of Appeals · 1966