Forsythe v. Durham
| Decision Date | 03 March 1936 |
| Citation | 270 N.Y. 141,200 N.E. 674 |
| Parties | FORSYTHE v. DURHAM. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Action by Erma Forsythe, an infant, by guardian ad litem, against Harold F. Durham. Judgment of Trial Term entered on a verdict for plaintiff was affirmed by the Appellate Division (242 App.Div. 855, 275 N.Y.S. 534), and defendant appeals.
Judgments of Appellate Division and Trial Term reversed, and complaint dismissed.
Appeal from Supreme Court, Appellate Division, Third department.
Lewis E. Mosher, of Elmira, and Sherman Moreland, of Van Etten, for appellant.
John D. O'Loughlin, of Endicott, and J. Laning Taylor, of Owego, for respondent.
In this action for slander defendant is principal of a high school and plaintiff was a student therein. Defendant's duty required him to communicate to the board of education the fact that rumors concerning plaintiff were circulated among the students and teachers. In so acting, he was protected by a qualified privilege and is free from liability unless his conduct resulted from malice. That there was no actual malice is conceded. There is no evidence that defendant acted with a wanton and reckless disregard of plaintiff's rights or otherwise than in good faith. Pecue v. West, 233 N.Y. 316, 322, 323, 135 N.E. 515.
The judgment of the Appellate Division and that of the Trial Term should be reversed and the complaint dismissed, with costs in all courts.
Judgments reversed, etc.
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