Vosbury v. Utica Daily Press Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles Edward Vosbury, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Broome on the 2d day of April, 1918, dismissing the complaint, with notice of an intention to bring up for review an interlocutory judgment entered in said clerk’s office on the 23d day of March, 1918, sustaining a demurrer to the complaint.
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Appeal by the plaintiff, Charles Edward Vosbury, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Broome on the 2d day of April, 1918, dismissing the complaint, with notice of an intention to bring up for review an interlocutory judgment entered in said clerk’s office on the 23d day of March, 1918, sustaining a demurrer to the complaint. The final judgment was entered upon plaintiff’s failure to pay the costs of the demurrer and to serve an amended complaint.
1Opinion of the Court
H. T. Kellogg, J.:
In an action of libel the plaintiff complains of the publication of the following article: “ Binghamton has a new $750,000 high school, which was first used when the fall term began. Yet eight hundred and fifty pupils of that same high school are in possible danger because of conditions which have come to the attention of the school board. The roof is in danger of falling. One portion of it has broken away *770from the I-beams, and has sagged toward the floor. At present the roof is propped up, but if'it should fall it would be disastrous to life and property. The architect has…
2Cases cited6 opinions
- Moore v. . FrancisNew York Court of Appeals · 1890
- Twiggar v. Ossining Printing & Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Foot v. BrownNew York Supreme Court · 1811
- Sumner v. UtleySupreme Court of Connecticut · 1828
- Secor v. HarrisNew York Supreme Court · 1854
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Mueller v. Rayon Consultants, Inc.District Court, S.D. New York · 1959
- Vosbury v. Utica Daily Press Co.New York Supreme Court · 1918
- Vosbury v. Southern Tier Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1919