Legal Opinion

Crane v. O'Reilly

City of New York Municipal Court

Decided October 15, 1887Published

Appeal from judgment entered by the direction of the trial judge, given on dismissing the plaintiff’s complaint.

1Opinion of the CourtMcAdam, C. J.

—The action is against the defendant, who is a physician, for libel, in filing with the board of health a certificate of the cause of death of the plaintiff’s child, containing the following statements:

“ And that, according to the best of my knowledge and belief, the cause of death was as hereunder given. 1. Chief and determining cause, unknown. 2. Consecutive and contributory, neglect of parent.”

The words complained of are embraced in paragraph 2. The action was originally commenced in the names of Gregory and Winifred Crane, the parents of the deceased child. The defendant, in his answer,…

2Cases cited2 opinions

  1. Gidney v. BlakeNew York Supreme Court · 1814
  2. Maybee v. FiskNew York Supreme Court · 1864

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