Martin v. Press Publishing Co.
New York Supreme Court
Motion for a new trial, the complaint having been dismissed for not stating facts sufficient. The action was for libel, the words alleged in the complaint being as follows: “SAVANT CANNOT MAKE A LIVING. OLD OXFORD PROFESSOR AND FAMILY IN SAD STRAITS.” “That the battle for existence is not won by'brains alone is illustrated by the sad plight of Prof. Alfred Nolan Martin at Richmond Park, Staten Island.
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Motion for a new trial, the complaint having been dismissed for not stating facts sufficient. The action was for libel, the words alleged in the complaint being as follows: “SAVANT CANNOT MAKE A LIVING. OLD OXFORD PROFESSOR AND FAMILY IN SAD STRAITS.” “That the battle for existence is not won by'brains alone is illustrated by the sad plight of Prof. Alfred Nolan Martin at Richmond Park, Staten Island. A man of extraordinary attainments in classical learning and once a professor in Oxford University, he is now in sad straits because his education hampers him in earning a living. He is living…
1Opinion of the Court
Gaynor, J.:
The complaint is not founded on the alleged libelous words in their general meaning (i. e., in all the meanings they are susceptible of), but on particular meanings which are .alleged in the complaint. It is not necessary, therefore, to see whether the words will bear any libelous meaning other than those alleged in the complaint. The plaintiff in an action for libel may always avoid an issue on a meaning of which the words *526are susceptible by confining the complaint to another meaning- or other meanings only. If, however, he is not content to sue-on the words in their general…
2Cases cited2 opinions
- Cruikshank v. BennettNew York Supreme Court · 1900
- Wuest v. Brooklyn CitizenNew York Supreme Court · 1902
3Cited by1 opinion
- Martin v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1904