Theresa Senior, an Infant, etc., Appellant, v. The Sun Printing and Publishing Association, Respondent

Theresa Senior, an Infant, etc., Appellant, v. The Sun Printing and Publishing Association, Respondent. Appeal from an order of the Supreme Court, entered in the New York county clerk’s office on the 5th day of December, 1913, denying a motion for judgment on the pleadings and sustaining a demurrer to the complaint. [MAJORITY — Per Curiam:] Per Curiam: We think, from a consideration of the publication and the innuendo, that the jury would be justified in finding that the publication was libelous per se, and, therefore, it was error to sustain the demurrer to the complaint. It follows that the order appealed from must be reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs, with leave to the defendant to withdraw the demurrer and to answer on payment of said costs. Present — Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ.; Scott and Dowling, JJ., dissented. Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, with leave to defendant to withdraw demurrer and to answer on payment of said costs.