McFadden v. Morning Journal Ass'n
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Morning Journal .Association,, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 26th day of April, 1897, upon the verdict of a jury for $3,000, and also from an order entered in said clerk’s office on the 29th day of April, 1897, denying the defendant’s motion for' a new trial made upon the minutes. The action was brought to recover damages for an alleged libel.
1Opinion of the Court
Goodrich, P. J.:
The complaint alleged that on August 4,1894, the following article appeared in the Morning Journal, a widely circulated newspaper published by the defendant:
“ROW, NELL! PULL, MAME !
“ TWO GIRLS ROW A RACE FOR A BEAU WITH A HANDSOME FACE.
“ PROSPECT PARK LAKE TURNED INTO A CUPID’S COURSE WITH A FRINGE
OF FEMINITY.
“HURRY UP, NELLIE! OH, DO HURRY 1 “ Shrill shrieks from fair feminine friends enthusiastically encouraged each earnest, anxious aspirant as she shook shining drops daintily from the blades of her oars and pulled for dear life.
“ ‘ Move up, Marne. Look out! She’s crawling…
2Cases cited3 opinions
- Darry v. . the PeopleNew York Court of Appeals · 1854
- Samuels v. . Evening Mail AssociationNew York Court of Appeals · 1878
- Gates v. . New York Recorder Co.New York Court of Appeals · 1898
3Cited by11 opinions
- Triggs v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1904
- Crane v. . BennettNew York Court of Appeals · 1904
- Kunstsammlungen Zu Weimar v. ElicofonDistrict Court, E.D. New York · 1981
- Farnsworth v. HydeOregon Supreme Court · 1973
- Frank v. National Broadcasting Co.Appellate Division of the Supreme Court of the State of New York · 1986
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