Cheatum v. Wehle
| Decision Date | 22 February 1962 |
| Citation | 11 N.Y.2d 745,226 N.Y.S.2d 447,181 N.E.2d 458 |
| Parties | , 181 N.E.2d 458 E. Leonard CHEATUM, Respondent, v. Louis A. WEHLE, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from Supreme Court, Appellate Division, Third Department, 14 A.D.2d 641, 218 N.Y.S.2d 284.
The plaintiff, who, at time alleged slander was uttered, was the chief of the Bureau of Game in the New York State Conservation Department, brought a slander action against the defendant, who was Conservation Commissioner of New York State at the time of the alleged slander. The defendant at a dinner for members of hunting and fishing societies and others stated that the plaintiff sent about 5,000 diseased pheasants to the plaintiff's island project for toughening pheasants under semi-wild conditions, and that of the 20,000 pheasants put on the island, all but 5,000 died of food poisoning, and that the act of the plaintiff in sending the diseased birds to the island was either deliberate sabotage or gross neglect.
The Supreme Court, Albany County, Felix J. Aulisi, J., rendered judgment on a verdict for $75,000 damages, consisting of $15,000 compensatory damages and $60,000 for punitive damages and the defendant appealed.
The Appellate Division reversed the judgment on the law and the facts, and ordered a new trial unless the plaintiff should stipulate to accept the sum of $37,500, in which event the judgment as modified should be affirmed, and held that the verdict was excessive and should be reduced to $5,000 for compensatory damages, and $32,500 for punitive damages. Herlihy, J., dissented in part.
The defendant appealed to the Court of Appeals.
Byrne, Casey & Keenan, Albany (Joseph Rosch, Nathan M. Medwin, John W. Tabner and Medwin, Tabner & Carlson, Albany, of counsel), for respondent.
Judgment affirmed, without costs.
All concur.
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...contract); Cheatum v. Wehle, 14 A.D.2d 641, 641, 218 N.Y.S.2d 284, 284 (3d Dep't 1961) (mem.) (slander), aff'd mem., 11 N.Y.2d 745, 181 N.E.2d 458, 226 N.Y.S.2d 447 (1962). As the plaintiff has demanded a jury trial, to which she is entitled under the ADEA, Lorillard v. Pons, 434 U.S. 575, ......
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