Pallas v. Crowley, Milner & Co.

“Does the unauthorized publication of another’s photograph for the purpose of advertising or commercial gain give rise to an action for damages by the person whose photograph is thus published?”

Plaintiff filed a declaration which under the circumstances must be considered as setting up true facts, alleging as follows:

On or about April 23, 1946, plaintiff was in the employ of one Earl Carroll, a theatrical producer. The defendant was then and is now operating a retail department store in the city of Detroit. On or about said date, the said Earl Carroll employed Preston Sweet, an independent…