Dooley v. Press Publishing Co. — 224 N.Y. 640

Majority

p. 640

Robert E. Dooley, Respondent, v. The Press Publishing Company, Appellant.

Headnote

Dooley v. Press Publishing Co., 170 App, Div. 492 , affirmed.

(Argued October 14, 1918;

decided October 29, 1918.)

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered January 11, 1916, affirming a judgment in favor of plaintiff entered upon a verdict in an action for libel. Defendant was the publisher of the World, a newspaper published in New York city. The complaint alleged that said newspaper published an article falsely charging plaintiff, a police officer, with accepting and using a free pass issued to him by a taxicab company. The defense was that the article complained of was a fair and substantially true report of a public, official and judicial proceeding and the publication was made without malice.

p. 641

Howard Taylor and Charles B. Brophy for appellant.

Henry F. Cochrane for respondent.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Hogan, Cardozo, Pound and McLaughlin, JJ. Not voting: Andrews, J.