Larsen v. Brooklyn Daily Eagle
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Thomas Larsen and another, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 13th day of August, 1914, denying plaintiffs’ motion for judgment on the pleadings, after defendant had demurred to the complaint.
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Appeal by the plaintiffs, Thomas Larsen and another, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 13th day of August, 1914, denying plaintiffs’ motion for judgment on the pleadings, after defendant had demurred to the complaint. On July 5, 1912, defendant published of and concerning the plaintiffs the following article, alleged to be false and defamatory: “July 5th, 1912 — Friday. “ate ice cream cone: died “ Coroner to Inquire into Death of 4 year old Gertrude Kenna. “ An investigation will be…
1Opinion of the Court
Burr, J.:
If the article complained of is not defamatory of itself, damage is not implied in law. (Reporters’ Assn. v. Sun Printing & Pub. Assn., 186 N. Y. 437, 443.) “ Where the libel or slander is of a manufactured article and does not directly impeach the integrity, knowledge, skill, diligence or credit of the plaintiff, the words are not actionable at law unless special damage be alleged and proved, and a ‘ general allegation of loss of customers is not sufficient to enable the plaintiff to show a particular injury. ’ ” (Marlin Fire Arms Co. v. Shields, 171 N. Y. 384.) A demurrer admits…
2Cases cited4 opinions
- Marlin Fire Arms Co. v. . ShieldsNew York Court of Appeals · 1902
- Reporters' Ass'n of America v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1906
- Dooling v. Budget Publishing Co.Massachusetts Supreme Judicial Court · 1887
- Morse v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1907
3Cited by16 opinions
- Dairy Stores, Inc. v. Sentinel Publishing Co.Supreme Court of New Jersey · 1986
- Cafferty v. . Southern Tier Publishing Co.New York Court of Appeals · 1919
- Erick Bowman Remedy Co. v. Jensen Salsbery Laboratories, Inc.Court of Appeals for the Eighth Circuit · 1926
- National Refining Co. v. Benzo Gas Motor Fuel Co.Court of Appeals for the Eighth Circuit · 1927
- Fowler v. Curtis Publishing Co.Court of Appeals for the D.C. Circuit · 1950
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