Wuest v. Brooklyn Citizen
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Wanda Wuest, from a judgment of the Supreme Court in favor of' the defendant, entered in the office of the clerk of the county of Kings on the 30th day of April, 1902, upon the dismissal of the complaint by direction of the court after a trial at the Kings County Trial Term, and also from an order entered in said clerk’s office on the 12th day of May, 1902, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.:
The alleged libel, “ She went to a prison for an operation. She ¡sank so low. She said it cost $5 and that her screams were heard all over the block,” was contained in a report of a judicial proceeding published by the defendant; by mistake the word “ prison ” was substituted for “ person.” The obvious meaning of the charge was that the plaintiff had submitted to a criminal operation on account of which she had been sent to prison. The words used were libelous per se, and the defendant’s claim of privilege was not sustained by the proof.
The learned trial court dismissed the…
2Cases cited1 opinion
- Morrison v. . SmithNew York Court of Appeals · 1904
3Cited by3 opinions
- Lamberti v. Sun Printing & Publishing Ass'nAppellate Division of the Supreme Court of the State of New York · 1906
- Carrol v. WattersonAppellate Division of the Supreme Court of the State of New York · 1919
- Lambertini v. Sun Printing & Publishing Co.New York Supreme Court · 1905