Bresslin v. Star Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Star Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 25th day of May, 1914, upon the verdict of a jury for $6,000, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Burr, J.:
The only question in this case arises in connection with the charge. The learned justice thus instructed the jury: “So much with respect to compensatory damages. Now I come to speak of exemplary, punitive or vindictive damages or, as it is sometimes termed, ‘smartmoney.’ In order to give punitive damages,it must be proved that this publication, in addition to being false, was published either from actual malice, that is, from personal ill will entertained by the defendant against the plaintiff, as distinguished from legal malice which is deemed to accompany every invasion of the…
2Cases cited4 opinions
- King v. RootCourt for the Trial of Impeachments and Correction of Errors · 1829
- Roth v. . WellsNew York Court of Appeals · 1864
- Carpenter v. New York Evening Journal Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Copp v. HollinsNew York Supreme Court · 1890
3Cited by4 opinions
- Hollien v. Tarrytown Daily News, Inc.Appellate Division of the Supreme Court of the State of New York · 1932
- Brown v. RattnerAppellate Division of the Supreme Court of the State of New York · 1942
- Bresslin v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1916
- McClintock v. SantanaAppellate Division of the Supreme Court of the State of New York · 1948