Warner v. Press Publishing Co.
New York Court of Appeals
Appeal from judgment of tlie General Term of the Court of Common Pleas for the city and county of New York, entered upon an order made February 3, 1890, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This was an action for libel. The facts, so far as material, are stated in the opinion. The jury were not properly instructed on the question of damages.
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Appeal from judgment of tlie General Term of the Court of Common Pleas for the city and county of New York, entered upon an order made February 3, 1890, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This was an action for libel. The facts, so far as material, are stated in the opinion. The jury were not properly instructed on the question of damages. The court erred in refusing to charge the jury that -in the absence of actual malice on the part of the defendant they could not award damages for injured feelings, or mental or bodily suffering. (Townshend on Libel, §…
1Opinion of the CourtParker, J.
The judgment under review awards to the plaintiff damages against the defendant for publishing in the 17ew Y orle “ W orld ” what purported to be a brief report of a judicial proceeding which contained matter imputing unchastity to her.
The defenses sought to be interposed were :
1. That the publication was privileged because a fair and true report of a proceeding in court.
2. That it was true.
Ordinarily, whether a publication is privileged is a question of law for the court, but in this case the evidence presented by the plaintiff was to the effect that the matters in the publication of which…
2Cases cited5 opinions
- Parkhurst v. . BerdellNew York Court of Appeals · 1888
- Holmes v. . JonesNew York Court of Appeals · 1890
- Bergmann v. . JonesNew York Court of Appeals · 1883
- John W. Lovell Co. v. HoughtonNew York Court of Appeals · 1889
- Samuels v. . Evening Mail AssociationNew York Court of Appeals · 1878
3Cited by48 opinions
- Sidney Roginsky v. Richardson-Merrell, Inc.Court of Appeals for the Second Circuit · 1967
- Corrigan v. . Bobbs-Merrill Co.New York Court of Appeals · 1920
- Prink v. Rockefeller Center, Inc.New York Court of Appeals · 1979
- Post Pub. Co. v. HallamCourt of Appeals for the Sixth Circuit · 1893
- Garrison v. Sun Printing & Publishing Ass'nNew York Court of Appeals · 1912
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