Sylvester v. New York Herald Co.

Headnote

Master and servant — article mitten by plaintiff in course of employment printed by defendant, his employer, under name of another — complaint states no cause of action in absence of allegation of violation of contract or custom or of special damage.

Sylvester v. New York Herald Co., 214 App. Div. 713 , affirmed.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 26, 1925, which unanimously affirmed a judgment in favor of defendant entered upon an order of Special Term granting a motion by defendant for a dismissal of the complaint. Defendant printed an article, written by plaintiff, one of its employees, without affixing his name thereto and ascribing it to another person. This action was brought to recover for alleged damage to plaintiff's reputation and property rights. There was no allegation of any contract that plaintiff's productions either should be printed under his name or should not be printed under the name of another, nor

was any custom to that effect set up nor special damages pleaded.