262 A.D. 931 | N.Y. App. Div. | 1941
Defendant appeals from a judgment entered upon the verdict of a jury for twenty-five hundred dollars damages in a libel action. It was pleaded in the complaint and adffiitted in the answer that the following article appeared in the defendant’s newspaper, the Plattsburgh Daily Republican, on January 14, 1938: “ Guilty of Assault, in Vermont Prison. Jerry Rushlow, a linotype operator, for several years employed in the office of the Essex County Republican at Keeseville, and later an employe in the printing offices in Plattsburgh, was sentenced last Friday to Windsor Prison, at Windsor, Vt., to a term of from one to two years for assault. He had been in a hospital for some time prior to his appearance in court recovering from injuries received while attempting to make a getaway following the assault.— Record-Post.” It is conceded that the article was untrue. Under the pleadings, plaintiff is entitled to compensatory