Rose v. Daily Mirror, Inc.

31 N.E.2d 182 (1940)

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Rose v. Daily Mirror, Inc.

Court of Appeals of New York
31 N.E.2d 182 (1940)

  • Written by Rose VanHofwegen, JD

Facts

When Jack Rose died, the Daily Mirror, Inc. (defendant) falsely identified him as “Baldy Jack Rose,” a self-confessed murderer who “lived in constant fear that emissaries of the underworld . . . would catch up with him and execute gang vengeance.” The article named Jack’s widow Anna Rose and their children (plaintiffs) as his survivors but made no other direct reference to them. His survivors sued the newspaper for defamation. The trial court denied the newspaper’s request for dismissal, but the appellate court reversed. Anna Rose and her children appealed.

Rule of Law

Issue

Holding and Reasoning (Loughran, J.)

Dissent (Finch, J.)

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