Lillian Coleman Morrison, Appellant v. Ormond G. Smith, Respondents

Summary

The New York Court of Appeals reversed the dismissal of a libel action, holding that a plaintiff who relies on innuendo to assign a defamatory meaning may still have the case submitted to a jury when the publication is libelous per se, even if the innuendo meaning is not supported by the language. The court reasoned that libel per se is actionable without proof of special damages and that the plaintiff need not prove susceptibility of the words to the alleged meaning. The judgment was reversed and the case remanded for a new trial.