Butler v. Gazette Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Annie Butler, from a judgment of the .. Supreme Court in favor of the plaintiff, entered in the office of' the clerk of the county of Chemung on the 26th day of June, 1906, 'upon the verdict of a jury for six cents, and also from an order entered in said clerk’s office on the 26th day of June, 1906, denying the plaintiff’s motion for a- new trial made upon the minutes. - The defendant' publishes a paper known as the Elmira Daily Gazette and Free…
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Appeal by the plaintiff, Annie Butler, from a judgment of the .. Supreme Court in favor of the plaintiff, entered in the office of' the clerk of the county of Chemung on the 26th day of June, 1906, 'upon the verdict of a jury for six cents, and also from an order entered in said clerk’s office on the 26th day of June, 1906, denying the plaintiff’s motion for a- new trial made upon the minutes. - The defendant' publishes a paper known as the Elmira Daily Gazette and Free Press. On the 11th day'.of August,. 1903, it published in that paper an article as follows: “ Chicago, Aug. 11 — Annie…
1Opinion of the Court
Chester, J.:
The appellant seeks a reversal of this judgment because of alleged errors in the rulings of the learned trial justice with respect to evidence and in his charge to the jury. The rulings with respect to . . evidence may be grouped in two classes. In the first place there ■yvas a series of rulings admitting evidence' which tended to show ■ that a number of Other suits had been brought by. this plaintiff against other newspapers for the publication of the same libel at about the same time. .. ■. The rule is well settled that a defendant cannot show in mitiga^ tion of damages that…
2Cases cited5 opinions
- Caldwell v. . New Jersey Steamboat Co.New York Court of Appeals · 1872
- Holmes v. . JonesNew York Court of Appeals · 1895
- Smith v. . MatthewsNew York Court of Appeals · 1897
- Palmer v. New York News Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Carpenter v. New York Evening Journal Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1906
3Cited by6 opinions
- Herbert v. LandoSupreme Court of the United States · 1979
- Amory v. VreelandAppellate Division of the Supreme Court of the State of New York · 1908
- First United Fund Ltd. v. American Banker, Inc.New York Supreme Court · 1985
- Kehoe v. New York Tribune, Inc.New York Supreme Court · 1931
- Astruc v. Star Co.District Court, S.D. New York · 1912
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