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CHEATUM v. WEHLE

5 N.Y.2d 585 (1959)

E. Leonard Cheatum, Respondent, v. Louis A. Wehle, Appellant.

Court of Appeals of the State of New York.

Decided April 17, 1959.

Attorney(s) appearing for the Case

George R. Fearon and Vincent A. O'Neil for appellant.

John W. Tabner, Joseph Rosch and Nathan M. Medwin for respondent.

Judge DESMOND concurs with Judge DYE; Judge VAN VOORHIS concurs in part in a separate opinion but votes to sustain the first affirmative defense of fair comment (designated in answer as "II"), with which Chief Judge CONWAY and Judges FULD and FROESSEL agree; and to sustain the second affirmative defense of qualified privilege (designated in answer as "III") as a complete defense, with which Judge BURKE agrees; and to sustain the third affirmative defense (designated in answer as "IV") as a partial defense in mitigation insofar as it reiterates paragraphs 1 through 23, with which Chief Judge CONWAY and Judges FULD and FROESSEL agree.

DYE, J.

This is an action for slander. The parties are well-known public figures. The plaintiff, Dr. E. Leonard Cheatum, is a nationally recognized authority on wild life and conservation. He has made it his life career, serving in course of time as a teacher, writer and organizer, and has held public positions in that field in the conservation departments of the United States in several States of the Union and...

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