Appellate Division of the Supreme Court of the State of New York July 7, 1908 (Rose v. Imperial Engine Co.)

Robson, J.:

That the letter, for the publication of which the jury have awarded plaintiff the sum of $1,200 damages, is libelous per se, unless it is to be regarded as a privileged communication, is apparent. That the communication is not, as matter of law, privileged was determined on a prior appeal to this court.. (110 App. Div. 137.