368 P.2d 147 (N.M. 1962), 6965, Hubbard v. Journal Pub. Co.

Docket Nº:6965.
Citation:368 P.2d 147, 69 N.M. 473, 1962 -NMSC- 013
Opinion Judge:[9] Compton
Party Name:Dolores HUBBARD, a Minor, by and through her next friend and guardian, Ann Hubbard, Plaintiff-Appellant, v. JOURNAL PUBLISHING COMPANY, a Corporation, and Albuquerque Publishing Company, a Corporation, Defendant-Appellees.
Attorney:[6] White, Rhodes & McCallister, Albuquerque, for appellant. [7] Modrall, Seymour, Sperling, Roehl & Harris, Albuquerque, for appellees.
Judge Panel:MOISE and NOBLE, JJ., concur.
Case Date:January 17, 1962
Court:Supreme Court of New Mexico

Page 147

368 P.2d 147 (N.M. 1962)

69 N.M. 473, 1962 -NMSC- 013

Dolores HUBBARD, a Minor, by and through her next friend and

guardian, Ann Hubbard, Plaintiff-Appellant,

v.

JOURNAL PUBLISHING COMPANY, a Corporation, and Albuquerque

Publishing Company, a Corporation,

Defendant-Appellees.

No. 6965.

Supreme Court of New Mexico.

January 17, 1962

[69 N.M. 473] White, Rhodes & McCallister, Albuquerque, for appellant.

Modrall, Seymour, Sperling, Roehl & Harris, Albuquerque, for appellees.

COMPTON, Chief Justice.

This appeal questions the correctness of the ruling of the court in granting summary judgment in a tort action alleging invasion of the right of privacy.

Under date of July 15, 1960, appellees caused to be published, in the Albuquerque Journal, the following article:

'Richard Hubbard, 16, son of Mrs. Ann Hubbard, 532 Ponderosa NW, was charged with running away from home, also prior to date, several times endangered the physical and moral health of himself and others by sexually assaulting his younger sister. Court ordered a suspended sentence to the New Mexico Boys' Home on the condition he serve 60 days in the Juvenile Detention Home.'

The decisive question is whether the article was privileged, if so, it would afford no basis for an action for damages. Henderson[69 N.M. 474] v. Dreyfus, 26 N.M. 541, 542, 191 P. 442.

The complaint alleges that appellant was the only sister of Richard Hubbard and that the article identified her as such; that the article was published without her consent, and, further that by reason of such publication, appellant had suffered extreme humiliation and mental distress; that it caused her to be regarded as unchaste, and that her prospects of marriage have been adversely affected thereby. Thereupon, appellees

Page 148

moved for summary judgment on the ground that appellant was entitled to no relief since there were no issues of material facts to be determined. Supporting the motion was an affidavit of the president of Albuquerque Publishing Company to the effect that the article published was taken from a copy furnished it by the Journal Publishing Company, also an affidavit of a reporter, an employee of the Journal Publishing Company, to the effect that he prepared the 'daily record' for publication, in which the article appears, and that it was a verbatim copy of official records of the juvenile court filed in the office of the district clerk of Bernalillo County.

Section 13-8-66, 1953 Supp., being Sec. 48, Ch. 205, L.1955, provides:

'The court shall make and keep records of all cases brought before it, and shall devise and cause to be printed such forms for social and legal records and such other papers as may be...

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