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Quinn v. Weber

235 A.D. 893 Court N.Y. App. Div. English

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p. 893
John Quinn, Appellant, v. Blanchard B. Weber and Another, Doing Business under the Firm Name and Style of Salamanca Republican-Press, Respondents.

Judgment reversed on the law and a new trial granted, with costs to appellant to abide the event. The article published charged plaintiff with having been arrested and with having escaped from the arresting officers, a crime. (Penal Law, § 1694.) This, if untrue, was libelous per se. Plaintiff’s proof showed unqualifiedly that there had been neither an arrest nor an escape. The nonsuit was, therefore, erroneous. All concur.