Colyer v. Richard K. Fox Publishing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, May Colyer, an infant, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 17th day of December, 1913, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case, and also from an order entered in said clerk’s office on the 23d day of December, 1913, denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Carr, J.:
The plaintiff is a young woman, under legal age, who brings this action against the defendant, a corporation that publishes a weekly paper in the city of New York. For several years the plaintiff has been a professional entertainer in the specialty of “high diving,” which is described in this record as diving from a height into a shallow tank of water. In this capacity she has appeared before the public in many places throughout *298this country as well as in Canada. While in Canada she had her photograph taken in costume appropriate to her public performances. A copy of this photograph…
2Cases cited3 opinions
- Binns v. Vitagraph Co. of AmericaNew York Court of Appeals · 1913
- Jeffries v. New York Evening Journal Publishing Co.New York Supreme Court · 1910
- Rhodes v. Sperry & Hutchinson Co.Appellate Division of the Supreme Court of the State of New York · 1907
3Cited by18 opinions
- Time, Inc. v. HillSupreme Court of the United States · 1967
- Jackie Collins Lerman v. Flynt Distributing Co., Inc.Court of Appeals for the Second Circuit · 1984
- Lahiri v. Daily Mirror, Inc.New York Supreme Court · 1937
- Humiston v. Universal Film Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Gautier v. Pro-Football, Inc.Appellate Division of the Supreme Court of the State of New York · 1951
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