Noonan v. Press Publishing Co. — 131 A.D. 891

Majority

p. 891

Lily Noonan, Respondent, v. Press Publishing Company, Appellant.

Headnote

Libel —■ unehastiiy ■—■ question for jury.

Appeal from a judgment of the Supreme Court, entered in the New York county clerk’s office on the 37th day of April, 1908, on the verdict of a jury and from an order entered on the 19tli day of May, 1908, denying a motion to set aside the verdict and for a new trial.

Wo think that it was a question of fact for the jury whether or not the only reference to be drawn from the article complained of is that the plaintiff was guilty of unchastity. It was error to hold as matter of law that the article, by necessary inference, did so charge. The judgment and order should be

p. 892

reversed and a new trial granted, with costs io appellant to abide the event. Present — Ingraham, McLaughlin, Laughlin, Houghton and Scott, J J. Judgment and order reversed, new trial ordered, costs to appellant to abide event.