Legal Opinion

Palmer v. New York News Publishing Co.

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1898PublishedCited by 17 opinions

Appeal by the defendant, The New York News Publishing Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 20th day of March, 1897, upon a verdict of a jury for $7,500, and also from an order entered in said clerk’s office on the 3d day of April, 1897, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Rumsey, J. :

The action was to recover damages for a libel published concerning the plaintiff by the defendant, the publisher of a newspaper in the city of New York. No question of fact is presented by the appeal, but it stands solely upon certain exceptions taken upon the trial, which will be considered in the order in which they were presented by the appellant.

It appears from the evidence that the libel was published, not only by the defendant’s newspaper, but in other newspapers throughout the United States. The defendant pleaded in mitigation of damages that, the identical libel having…

2Cases cited6 opinions

  1. Wilson v. FitchCalifornia Supreme Court · 1871
  2. Bergmann v. . JonesNew York Court of Appeals · 1883
  3. Morey v. Morning Journal Ass'nNew York Court of Appeals · 1890
  4. Smith v. . MatthewsNew York Court of Appeals · 1897
  5. Folwell v. Providence Journal Co.Supreme Court of Rhode Island · 1896

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3Cited by17 opinions

  1. Behrendt v. Times Mirror Co.California Court of Appeal · 1938
  2. Union Associated Press v. HeathAppellate Division of the Supreme Court of the State of New York · 1900
  3. Gardella v. Log Cabin Products Co.Court of Appeals for the Second Circuit · 1937
  4. Parks v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1906
  5. Sourbier v. BrownIndiana Supreme Court · 1919

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

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