Cohen v. New York Times Co.

■Crane, J.

The defendant published of the plaintiff, a living -person, that he was dead, and this action has been brought upon the assumption that such a false -article is libelous per se. The demurrer interp-osed to the -complaint challenges this assumption, the defendant claiming that, even if such a false notice to the public might subject the plaintiff to ridicule, yet, as death is common' to all and is no disgrace, the mistake could in no way affect his character and reputation and, therefore; -could not be libelous without proof and allegation of special damage. In other words, it is the…