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Prince v. Socialistic Co-operative Publishing Co.

61 N.Y.S. 1145 Court N.Y. City Ct. Decision date 1899-11-16 English

Delivered by FITZSIMONS, C. J.

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p. 1145
PRINCE v. SOCIALISTIC CO-OP. PUB. CO.
(City Court of New York, General Term.
November 16, 1899.)

Headnote

Action by Samuel Prince against the Socialistic Co-operative Publishing Company. From a judgment for plaintiff, and from an order denying a motion for now trial, defendant appeals. Affirmed. Simon Sultan, for appellant. Morris Oukor, for respondent.

The action is for libel in publishing in the defendant’s newspaper an article reflecting upon the plaintiff in the line of his calling, and which is libelous per se. Davey v. Davey, 22 Mise. Rep. 668, 50 N. Y. Supp. 161 . The defendant admitted the publication, and pleaded facts in mitigation of damages. Upon the trial, the jury awarded the plaintiff 8500. We find no error in the rulings, and, as the damages were largely in the discretion of the jury (Holmes v. Jones, 147 N. Y, 59 , 41 N. E. 409 ), and the amount awarded is not excessive, the judgment and order appealed from must" be affirmed, with costs. McCARTHY, j., concurs.