O'Connell v. . Press Publishing Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 25, 1913, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The matters of inducement set forth in this complaint could not make out a cause of action for libel unless there were at the same time a proper allegation of special damage.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered February 25, 1913, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The matters of inducement set forth in this complaint could not make out a cause of action for libel unless there were at the same time a proper allegation of special damage. (Townshend on Slander & Libel [4th ed.], §§ 308, 345; Van Heusen v. Argentau, 194 N. Y. 309; Crashley v. Press Pub. Co.,…
1Opinion of the CourtCollin, J.
The question before us is, does the complaint state facts sufficient to constitute a cause of action ?
The action is for libel consisting of publications, con- . cededly identical in substance and import, by the defendant in its newspapers, The World and The Evening World, of December 10, 1909. The publication in The World, excepting immaterial parts, was:
“ Fraud indictment near for officer of Sugar Trust. Federal Grand Jury has evidence, gained from MEN NOW ON TRIAL, IMPLICATING HIM IN WEIGHING trickery. One witness is Inventor of ‘ Corset Steel ’ Spring. Weigher testifies that Spitzer TOLD…
2Cases cited4 opinions
- Crashley v. . Press Publishing Co.New York Court of Appeals · 1904
- Stone v. CooperNew York Supreme Court · 1845
- McNamara v. . GoldanNew York Court of Appeals · 1909
- Bassell v. . ElmoreNew York Court of Appeals · 1872
3Cited by88 opinions
- Sydney v. MacFadden Newspaper Publishing Corp.New York Court of Appeals · 1926
- Tracy v. Newsday, Inc.New York Court of Appeals · 1959
- Hays v. American Defense Society, Inc.New York Court of Appeals · 1929
- Brown v. KittermanSupreme Court of Missouri · 1969
- Korry v. International Telephone & Telegraph Corp.District Court, S.D. New York · 1978
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