Brennan v. Babylon Publishing Co.

—■ Action to recover damages for an alleged libel contained in an article published in each of two newspapers of the defendant. The issues were submitted to the jury with plaintiff’s acquiescence. A verdict was rendered in favor of the defendant. The trial court, on plaintiff’s motion, set aside the verdict and granted a new trial. Prom the order entered on that ruling defendant appeals. Order reversed on the law, with costs, motion denied, verdict reinstated, and judgment directed to be entered thereon. The plaintiff did not claim that, the article was libelous as matter of law until after the verdict adverse to him was rendered. His then claim was not timely. He acquiesced in the submission of that question to the jury as one of fact. He made no motion for a direction of a verdict in