Metzger v. Dell Publishing Co.

In the January, 1953, issue of its magazine Front Page Detective defendant published an article, or story, entitled “ Gang-Boy ”, and in connection therewith it published several photographs, one of which the jury has found is a photograph of the plaintiffs herein.

In this action for damages, plaintiffs allege an unauthorized use of their portrait for the purposes of trade, which is an allegation of a violation of sections 50 and 51 of the Civil Rights Law; but they also alleged that as a result of such use plaintiffs have been held up to public ridicule, disgrace and humiliation and have been…