Appellate Division of the Supreme Court of New York, 1909

Noonan v. Press Publishing Co.

Noonan v. Press Publishing Co.
Appellate Division of the Supreme Court of New York · Decided March 15, 1909
131 A.D. 891; 115 N.Y.S. 379
Noonan v. Press Publishing Co.

Opinion of the Court

Per Curiam:

Wo think that it was a question of fact for the jury whether or not the only reference to be drawn from the article complained of is that the plaintiff was guilty of unchastity. It was error to hold as matter of law that the article, by necessary inference, did so charge. The judgment and order should be *892reversed and a new trial granted, with costs io appellant to abide the event. Present — Ingraham, McLaughlin, Laughlin, Houghton and Scott, J J. Judgment and order reversed, new trial ordered, costs to appellant to abide event.

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