Crane v. . Bennett
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 23, 1902, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 23, 1902, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The learned trial court committed error in its charge and in ruling in respect to requests to charge in that it misled the jury as to the degree of malice which will authorize an award of punitive damages and permitted them to mulct the…
1Opinion of the CourtMartin, J.
This action was for libel. It was based upon four articles published in the Rew York Ilerald, a newspaper owned by the defendant who resides in France but whose paper Is published in the city of Rew York. Its management was confided solely to persons in his employ who had practical control of the entire business.
The plaintiff was a magistrate in the city of Rew York. The matter complained of was published in four issues of the defendant’s newspaper, and. related to alleged flagrant misconduct imputed to the plaintiff in the discharge of his official duties. The articles were published…
2Cases cited20 opinions
- Roberson v. . Rochester Folding Box Co.New York Court of Appeals · 1902
- Holmes v. . JonesNew York Court of Appeals · 1890
- Bergmann v. . JonesNew York Court of Appeals · 1883
- Colonial City Traction Co. v. Kingston City RailroadNew York Court of Appeals · 1897
- Hunt v. . BennettNew York Court of Appeals · 1859
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3Cited by54 opinions
- Fort Worth Elevators Co. v. RussellTexas Supreme Court · 1934
- Loughry v. Lincoln First Bank, N. A.New York Court of Appeals · 1986
- Corrigan v. . Bobbs-Merrill Co.New York Court of Appeals · 1920
- J. A. Preston Corp. v. Fabrication Enterprises, Inc.New York Court of Appeals · 1986
- Hernandez v. New York City Health and Hospitals Corp.New York Court of Appeals · 1991
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