Potter v. Pictorial Review Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Pictorial Review Company, from an order of the Supreme- Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 19th day of March, 1913, overruling the defendant’s demurrer to the complaint on the ground that it states no cause of action; , Action for libel..
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Appeal by the defendant, the Pictorial Review Company, from an order of the Supreme- Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 19th day of March, 1913, overruling the defendant’s demurrer to the complaint on the ground that it states no cause of action; , Action for libel.. The article complained of is alleged to have charged the plaintiff, a civil engineer, with having made, at-the instance of politicians, plans for a water supply for a city, without an adequate purification system, and of improperly concealing the…
1Opinion of the Court
Hotchkiss, J.;
If, Tby any reasonable construction of the article, it could be said that plaintiff was charged, in his professional capacity, with an act involving such a degree of moral turpitude as would tend to bring him hito disrepute with honorable men, I should be willing to admit, although but a single isolated act of such character was charged, that it would be libelous (Church v. Tribune Assn., 135 App. Div. 30, 32), and that the fact that no general professional incapacity was imputed would be of no significance. But, it appears that plaintiff was employed by and prepared the alleged…
2Cases cited1 opinion
- Church v. Tribune Ass'nAppellate Division of the Supreme Court of the State of New York · 1909
3Cited by2 opinions
- Potter v. Pictorial Review Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Potter v. Pictorial Review Co.Appellate Division of the Supreme Court of the State of New York · 1913