117 Misc. 466 | N.Y. Sup. Ct. | 1921
This is a motion for judgment in an action for damages for alleged libel, two causes of action being set forth in the complaint, the defendant attacking each separately and contending that neither of the articles is libelous and, therefore, there being no allegation of special damages that the complaint is fatally defective.
Unless the two articles in question are not libelous per se, the defendant should prevail upon this motion. It is necessary, therefore, to examine the complaint to
It may be necessary in deciding this motion, to examine the personal element as we may learn of it in the complaint. In Europe a so-called “ leisure class ” exists, and in no inconsiderable number, which in this country, compared with its population, is a very inconsiderable number. We are a nation of workers. It is the habit of Americans to work. Few sons of rich men here are drones. Many are in fact tireless workers. The men here who have nothing to do or other serious occupation save to worry over the inroads of the state and federal taxes upon their fixed incomes are comparatively a small number. But the plaintiff is of foreign birth. He has been brought up in a different environment, unquestionably a member of this leisure class in his own country. The two articles in question as published by the defendant would indicate a disinclination on the part of the plaintiff to avail himself of the opportunity of work which had been provided for him. The American residents of this country are credited with a delicate sense of humor. To the great majority here the episode as set forth by the defendant may have made of him, as he claims, an object of ridicule to the readers of this great daily. It is not the sting that he may have felt, it is the effect on the readers of the defendant that is the essential element. “ Cervantes smiled Spain’s chivalry away,” a great Englishman said of a great Spaniard. Jenks, J., in the case of Cohan v. New York Times Co., 153 App. Div. 242, on page 247, after dis
I hesitate to rule in any way that would tend to lessen the entertaining qualities of the defendant newspaper, but it seems to me that following Moffatt v. Cauldwell, supra, “ the style, scope and spirit of the articles ” as published by defendant taken in their entirety, make them libelous by fair and natural construction. Triggs v. Sun Pub. Co., 179 N. Y. 144.
I am forced to the conclusion that the articles in question come within the prohibition of ridicule and contempt and I am constrained to deny the motion with ten dollars costs.
Motion denied.