Rosenfeld v. Curtis Pub. Co.

CLARK, Circuit Judge.

This appeal is from a judgment entered on a verdict for defendant in an action for libel. Plaintiff seeks reversal principally on two grounds: (1) error in the charge on burden of proof, and (2) failure to dismiss two defenses of consent on plaintiff’s motion before trial, renewed at the trial.

The allegedly libelous material appeared in the July 1, 1944, edition of defendant’s magazine, The Saturday Evening Post. It was contained in an article entitled, “How to Beat the Races” and in a one-column photograph appearing in connection with it. The picture shows plaintiff…