Truxes v. Kenco Enterprises, Inc.

Plaintiff brought this action against Kenco Enterprises, Inc., owner and publisher of the Sioux Falls Argus Leader, a daily newspaper, to recover damages claimed to have been sustained by reason of the unauthorized publication and circulation of his photograph in the Sunday, October 23, 1960, issue of the Argus Leader. He alleged that the use of his photograph in connection with an article dealing with the "State's Elderly Citizens" violated his right of privacy and he was thereby subjected to ridicule and suffered mental distress and injury to his feelings. Trial to a jury resulted in a…