Appellate Division of the Supreme Court of New York, 1924

Broderick ex rel. Broderick v. News Syndicate Co.

Broderick ex rel. Broderick v. News Syndicate Co.
Appellate Division of the Supreme Court of New York · Decided November 15, 1924 · Jaycox, Kapper, Kelby, Kelly, Young
211 A.D. 812
Broderick ex rel. Broderick v. News Syndicate Co.

Opinion of the Court

Judgment and order denying new trial unanimously affirmed, with costs. As we interpret the decision in Bishop v. New York Times Co. (233 N. Y. 446), it holds that testimony in a libel suit in enhancement of damages, to the effect that relatives of plaintiff were shunned and ostracised by their friends, with a resultant reaction of mental distress to the plaintiff, is incompetent. We are of opinion that the record before us does not contain testimony, to which exception was taken, falling within the ruling made in the case cited.

Present — Kelly, P. J., Jaycox, Kelby, Young and Kapper, JJ.

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