Kelly v. Hoffman

The opinion of the court was delivered by

Burling, J.

There is involved in the decision of this appeal the law applicable to defamation of character by radio. It presents a case oE first impression in this state. The gist of the cause of action against the defendant-respondent is found in the answer to the following question:

Is a radio broadcasting company which leases its facilities, liable for a defamatory statement during a radio broadcast by a person hired by the lessee and not in the employ of the radio broadcasting company, the words being carried to the radio listener by its facilities ?

A…