Kent v. City of Buffalo

Moule, J. (dissenting).

Plaintiff and three others, who had been arrested and charged with robbery, were photographed in a police station by defendant’s photographer, but their names were not obtained. Plaintiff was later released and another suspect arrested. Defendant, not knowing that plaintiff had been released, obtained the names of the persons then under arrest and used them in connection with a newsfilm that same evening and the following day at noon.

Defendant’s photographer recalled going to the police station and taking the picture. He did not remember whether he asked questions…