Hill v. Durham House Drainage Co.
New York Supreme Court
Appeal from circuit court, New York county. Action by George Hill against the Durham House Drainage Company of New York and Caleb W. Durham. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, made on the minutes, defendants appeal.
1Opinion of the CourtFollett, J.
The defense interposed by the answer is that the statements contained in the letter are true, were published without malice, and that the circumstances under which the letter was written rendered it a prima facie privileged communication. There are two classes of privileged communications: (1) Those which are absolutely privileged, and for the publication of which an action cannot be maintained, no matter what the motive of the author may be. Within this class are accurate publications of the proceedings of courts of record and legislative bodies, and the statements of judges, witnesses, and…
2Cited by6 opinions
- Nichols v. EatonSupreme Court of Iowa · 1900
- Schulman v. Anderson Russell Kill & Olick, P. C.New York Supreme Court · 1982
- Tierney v. RuppertAppellate Division of the Supreme Court of the State of New York · 1912
- Lapetina v. SantangeloAppellate Division of the Supreme Court of the State of New York · 1908
- Mencher v. ChesleyNew York Supreme Court · 1948
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