EADIE v. POLE


91 N.J. Super. 504 (1966)

221 A.2d 547

DEANE H. EADIE, PLAINTIFF-RESPONDENT, v. SAMUEL B. POLE, III, DEFENDANT-APPELLANT, EVENING NEWS COMPANY, INC., A CORPORATION OF THE STATE OF NEW JERSEY; AND JOHN T. SCHOFIELD, PUBLISHER OF THE EVENING NEWS COMPANY, INC., (OTHER) DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided June 20, 1966.


Attorney(s) appearing for the Case

Mr. Harry Green argued the cause for appellant (Messrs. Rogovoy, Porreca & Okoniewski, attorneys).

Mr. William Gallner argued the cause for respondent (Messrs. Gallner and Kleiner, attorneys).

Before Judges CONFORD, KILKENNY and LEONARD.


The opinion of the court was delivered by KILKENNY, J.A.D.

This is a libel action. On cross-motions for summary judgment by plaintiff and defendant Pole, the trial court denied defendant's motion, but it granted plaintiff a summary judgment against Pole on the issue of liability. Defendant's counterclaim for libel was also dismissed. The quantum of damages recoverable by plaintiff was reserved for trial by jury...

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