Davis v. R.K.O. Radio Pictures, Inc.

GARDNER, Chief Judge.

This was an action brought by appellant against appellee to recover damages for distributing and exhibiting an allegedly libel ous motion picture. The parties will be referred to as they appeared in the trial court. As only a fragment of the testimony is preserved in this record it seems important to consider what facts were admitted by the pleadings.

It was alleged in plaintiff’s complaint that the defendant in its course of business filmed, produced and exhibited a motion picture entitled “Fighting Father Dunne,” which it is still distributing and exhibiting throughout…