Barber v. Time, Inc.

This is an action for damages based on violation of plaintiff's right of privacy by publishing an article (with her picture) about a physical ailment for which she was being treated in a hospital. The jury returned a verdict for plaintiff for $1500 actual and $1500 punitive damages. Defendant has appealed from the judgment entered thereon, and says it was error to refuse its request for a peremptory instruction in the nature of a demurrer to the evidence.

[1] Defendant set up in its answer the right to publish such an article under constitutional guarantees of freedom of speech and of the…