Appellate Division of the Supreme Court of New York, 1916

Carl v. Sun Printing & Publishing Ass'n

Carl v. Sun Printing & Publishing Ass'n
Appellate Division of the Supreme Court of New York · Decided November 15, 1916
175 A.D. 948
Carl v. Sun Printing & Publishing Ass'n

Opinion of the Court

The defendant, upon advisement, should seek to avert or to minimize the harm that may flow from an article inaccurate in any part, and hence injurious. Hence, the article published after the libel in question may be plead and proven for that purpose, as well as to reduce punitive damages, if the plaintiff is entitled to prove the same, although on this appeal he contends that in the complaint he makes no such demand. Interlocutory judgment affirmed, with costs. Jenks, P. J., Thomas, Stapleton, Mills and Rich, JJ., concurred.

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