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Noonan v. Press Publishing Co.

115 N.Y.S. 379 Court N.Y. App. Div. Decision date 1909-03-05 English

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p. 379
NOONAN v. PRESS PUB. CO.
(Supreme Court, Appellate Division, First Department.
March 5, 1909.)

Headnote

Libel and Slander (§ 123*) — Construction of Statement — Question for Jury.
Where the alleged libelous publication is susceptible of more than one interpretation, it is error for the court to charge that it is libelous as a matter of law.
[Ed. Note.—For other cases, see Libel and Slander, Cent. Dig. §§ 356, 357; Dec: Dig. § 123.[1] ]
Appeal from Trial Term, New York County.
Action by Lily Noonan against the Press Publishing Company. Prom a judgment for plaintiff, and from an order denying a motion to set aside the verdict and for a new trial, defendant appeals. Reversed, and new trial granted.
Argued before INGRAHAM, McLAUGHLIN, LAUGHLIN, HOUGHTON, and SCOTT, JJ.
William H. Van Benschoten, for appellant.
George H. D. Poster, for respondent.

We think that it was a question of fact for the jury whether or not the only inference to be drawn from the article complained of is that the plaintiff was guilty of unchastity. It was

p. 380
error to hold as matter of law that the article by necessary inference did so charge.

Judgment and order reversed, and a new trial granted, with costs to appellant to abide the event.