This section contains the nature of the case and procedural background.

P was the wife of Jack Rose and the other plaintiffs are their children. Jack Rose died on May 25, 1939. D published in its newspaper an article of and concerning the deceased Jack Rose. D erroneously identified Jack with 'Baldy Jack Rose,' a self-confessed murderer who had 'lived in constant fear that emissaries of the underworld * * * would catch up with him and execute gang vengeance.' The article named Ps as the surviving wife and children of the deceased Jack Rose but made no other direct reference to them. P sued D. A motion by D dismissing the complaint was denied. That order was reversed and the motion granted by the Appellate Division. Ps appealed.

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