Munden v. Harris
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. John O. Parle, Judge. (.1.) The appellant lias a legal right of privacy, as alleged in the first count, and without his consent no one has the right to use his photograph as an advertisement to exploit goods for sale. It is not necessary that special damages be averred. Pavesich v. Life Ins.
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Appeal from Jackson Circuit Court. — Eon. John O. Parle, Judge. (.1.) The appellant lias a legal right of privacy, as alleged in the first count, and without his consent no one has the right to use his photograph as an advertisement to exploit goods for sale. It is not necessary that special damages be averred. Pavesich v. Life Ins. Co., 122 Ga. 190, 50 S. E. 68; Rhodes v. Sperry & Hutchinson Co., 193 N. Y. 223, 85 N. E. 1097; Foster-Milburn Oo. v. Chinn, 120 S. W. (Ky.) 364; Peck y. Tribune Co., 214 U. S. 185 (1909). (2) The' allegations, and matters set forth in the second count constitute…
1Opinion of the CourtEllison, J.
This action is stated in a petition with two counts, one for damages for disturbing plaintiff’s privacy by publishing his picture without his consent; and the other for libel in publishing the picture along with false statements attributed to plaintiff. In each count punitive damages were asked, but no special damages were alleged. Defendants-demurred to the petition as not stating a cause of action. The demurrer was sustained, and plaintiff refusing to amend, judgment was rendered against him and he appealed.
Plaintiff is an infant five years old and the action was brought through a “next…
2Cases cited11 opinions
- Pavesich v. New England Life InsuranceSupreme Court of Georgia · 1904
- Roberson v. . Rochester Folding Box Co.New York Court of Appeals · 1902
- Peck v. Tribune Co.Supreme Court of the United States · 1909
- Foster-Milburn Co. v. ChinnCourt of Appeals of Kentucky · 1909
- Henry v. Cherry WebbSupreme Court of Rhode Island · 1909
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3Cited by68 opinions
- Crump v. Beckley Newspapers, Inc.West Virginia Supreme Court · 1984
- Melvin v. ReidCalifornia Court of Appeal · 1931
- Sidis v. FR Pub. CorporationCourt of Appeals for the Second Circuit · 1940
- Martin McNally v. The Pulitzer Publishing Company and Ted GestCourt of Appeals for the Eighth Circuit · 1976
- Hinish v. Meier & Frank Co.Oregon Supreme Court · 1941
63 more not listed; retrieve them via the Exa API.