Themo v. New England Newspaper Publishing Co.

After sustaining a demurrer to the second count of the declaration in each case, a judge of the Superior Court reported the cases. The second count was as follows: “Now comes the plaintiff and says that on or about March 24, 1934, the defendant by its agents and servants without the permission of the plaintiff took a photograph of the plaintiff; that the defendant publishes a newspaper called the Boston American having a wide circulation in Boston and its suburbs; that on said March 24, 1934, the defendant without the consent of the plaintiff published said photograph on the first page of its…