Garby v. Bennett

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1899

Appellate Division of the Supreme Court of the State of New York · decided 1899-05-15

Appeal dj the defendant, James Gordon Bennett, from a judgment of the. Supreme Court in favor of the plaintiff, entered in the office of the' clerk of the county of Richmond on the 29th day of October, 1898, on the verdict of a jury for $2,000, and also from.so much of an order .entered in said clerk’s office on the 31st day of-October, 1898, as denies the defendant’s motion for a new trial made upon the minutes.

Decided 1899-05-15

Goodrich, P. J.

¶1(dissenting):

¶2I cannot assent to the proposition that the articles in question are susceptible of any other meaning than that they imputed wrongdoing to the plaintiff in his official capacity as. a member of the Assembly. Reading them together, they charge him with being one of ten gas acrobats who had changed their votes on the gas bill, from corrupt motives and for a price offered by the gas lobby. If this is not libelous per se, it is difficult to frame a libel.

¶3Judgment and order reversed and new trial granted, costs to abide the event.