Nicol v. New York Evening Post, Inc.

Full title: LUCILLE NICOL, Respondent, v. NEW YORK EVENING POST, INC., Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 1, 1927

219 App. Div. 745 (N.Y. App. Div. 1927)

Opinion

January, 1927.

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

Order unanimously affirmed, with costs. We think a new trial was properly granted, for the reason stated by the trial justice. We are also of opinion that the charge of the court failed to instruct the jury adequately upon the subject of express or actual malice and that which might be implied from the publication itself.