McCabe v. Cauldwell
The Superior Court of New York City
Motion to dismiss complaint. This was an action for libel against the proprietors of the Sunday Mercury for the publication of matter 'purporting to be the proceedings before a grand jury to obtain the indictment of the plaintiff. The plaintiff, after proving the publication of the libel and the circulation of the paper, rested.
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Motion to dismiss complaint. This was an action for libel against the proprietors of the Sunday Mercury for the publication of matter 'purporting to be the proceedings before a grand jury to obtain the indictment of the plaintiff. The plaintiff, after proving the publication of the libel and the circulation of the paper, rested. The defendants then moved for the dismissal of the complaint, upon the ground that the alleged libel was privileged within the act of 1854, and that the plaintiff must therefore show, affirmatively, either malice, or that it was not a -fair report of the proceedings.
1Opinion of the CourtMcCunn, J.
After a careful examination of the statute and of the' authorities, I am doubtful, as the case now stands, *378whether I would be justified in withdrawing it from the jury. The act of 1854 I think does not contemplate proceedings before a grand jury, because it begins by speaking of reporters, editors, or proprietors of newspapers, a class who are never admitted before the grand jury, and the act speaks of arguments and debates which never occur there. The act, however, declares they shall not be responsible for a fair report of judicial, legislative, or public proceedings. A proceeding before a…
2Cited by2 opinions
- A. H. Belo & Co. v. WrenTexas Supreme Court · 1884
- Stuart v. Press Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1903