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Abstract

Defendant telegraph company transmitted to ten officers of an international union a telegram from members of a local union. The contents related to labor affairs and were admittedly libelous per se as to the plaintiff, naming him as "responsible for the murder of our brother officer Borson." Held, verdict for plaintiff set aside and new trial ordered, because plaintiff has failed to justify recovery by furnishing evidence of actual malice or bad faith by the defendant. Klein v. Western Union Tel Co., 257 App. Div. 336, 13 N. Y. S. (2d) 441 (1939), appeal withdrawn, (N. Y. 1939) 24 N. E. (2d) 491.

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