Purdy v. . the Rochester Printing Co.
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made December 13, 1881, which granted a motion for anew trial, made upon exceptions ordered to be heard at first instance at General Term. (Reported below, 26 Hun, 206.) This was an action for libel.
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Appeal from order of the General Term of the Supreme Court, in the fourth judicial department, made December 13, 1881, which granted a motion for anew trial, made upon exceptions ordered to be heard at first instance at General Term. (Reported below, 26 Hun, 206.) This was an action for libel. The plaintiff, describing himself in his complaint as both physician and coroner, alleged that defendant printed and published in its newspaper, the “ Rochester Democrat and Chronicle,” the following article : “A Harrow Escape From Being Buried Alive. “ A well-to-do farmer found stiff and cold by the…
1Opinion of the CourtJDanforth, J.
The learned counsel for the plaintiff conceded, upon the argument, that no paragraph, phrase or particular portion of the article could be pointed to as libelous, and we are unable to find in the words used or the general scope of the publication any slanderous or defamatory meaning, nor do we perceive that it is susceptible of any construction which would make the words actionable. It appears from the complaint and evidence that the plaintiff was by profession a physician and by office a coroner. In the article complained of he is referred to in the latter capacity only, and nowhere can be…
2Cases cited2 opinions
- Sanderson v. . CaldwellNew York Court of Appeals · 1871
- Van Tassel v. CapronCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by10 opinions
- Morse v. Times-Republican Printing Co.Supreme Court of Iowa · 1904
- Kleeberg v. SipserNew York Court of Appeals · 1934
- Winchell v. Argus Co.New York Supreme Court · 1893
- Divens v. MeredithIndiana Supreme Court · 1897
- Gunsberg v. Roseland Corp.New York Supreme Court · 1962
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