Crashley v. . Press Publishing Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 21, 1902, which affirmed a judgment in favor of the defendants entered upon a dismissal of the complaint by the court at a Trial Term. The action was brought to recover damages of the defendants for the publication of an article in “ The World,” a daily newspaper published in the city of Hew York, which the plaintiff alleges to have been libelous.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 21, 1902, which affirmed a judgment in favor of the defendants entered upon a dismissal of the complaint by the court at a Trial Term. The action was brought to recover damages of the defendants for the publication of an article in “ The World,” a daily newspaper published in the city of Hew York, which the plaintiff alleges to have been libelous. The complaint alleges that the plaintiff was a subject of the queen of England and was not a resident of the state of Hew York; but…
1Opinion of the CourtGray, J.
I .think that the judgment below was right. Admitting all the material allegations of fact in the complaint, as we must, a case was not made out.
There is no objection to the maintenance of the action in our courts in the fact that the plaintiff was an English subject, or that he was a non-resident. As a personal action, sounding in tort, it was transitory in its nature; following the person of the defendant. Our courts were open to the plaintiff for the redress of any personal injury, suffered by reason of the defendants’ acts. (Story’s Conflict of Laws, § 625 ; Wharton’s Conflict of Laws, §§…
2Cases cited4 opinions
- Savage v. . O'NeilNew York Court of Appeals · 1871
- Gardner v. ThomasNew York Supreme Court · 1817
- Stone v. CooperNew York Supreme Court · 1845
- Dewitt v. BuchananNew York Supreme Court · 1868
3Cited by46 opinions
- Silver v. Great American InsuranceNew York Court of Appeals · 1972
- Cuba Railroad v. CrosbySupreme Court of the United States · 1912
- Flake Ex Rel. Flake v. Greensboro News Co.Supreme Court of North Carolina · 1938
- Gregonis v. Philadelphia & Reading Coal & Iron Co.New York Court of Appeals · 1923
- O'Connell v. . Press Publishing Co.New York Court of Appeals · 1915
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