Lambertini v. Sun Printing & Publishing Co.
New York Supreme Court
Trial of a demurrer to a complaint in an action for libel on the ground that it does not state facts sufficient to> constitute a cause of action. The alleged libel is as follows: “ BLACK HARD OR HIS BACK. Janitor Lamberti Thought it Was a Curse Instead of a Wicked Joke.
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Trial of a demurrer to a complaint in an action for libel on the ground that it does not state facts sufficient to> constitute a cause of action. The alleged libel is as follows: “ BLACK HARD OR HIS BACK. Janitor Lamberti Thought it Was a Curse Instead of a Wicked Joke. Rocco Lamberti, janitor of the civil court at Second avenue and First street and a protege of Timothy D. Sullivan, was marked with a Mack hand yesterday and it was several hours before bis friend's could restore, him to1 a normal condition. In Essex street be announced that he would aid his fellow countrymen in the Italian…
1Opinion of the Court
Gaynor, J.:
The newspaper article complained of is no doubt defamatory for making the plaintiff appear ridiculous, which is a distinct head of the law of libel. Such liberties cannot he taken with people with impunity.
But the trouble is to ascertain whether the plaintiff complains of the article in that sense at all; whether that meaning has not been excluded by the complaint; for if the complaint he not based on that meaning there can he no recovery on that meaning.
The plaintiff takes the article seriously instead of as a joke on him, which it obviously is, and complains of it on the ground…
2Cases cited3 opinions
- Morrison v. . SmithNew York Court of Appeals · 1904
- Wuest v. Brooklyn CitizenNew York Supreme Court · 1902
- Wuest v. Brooklyn CitizenAppellate Division of the Supreme Court of the State of New York · 1905