Jones v. Herald Post Co.
| Decision Date | 21 June 1929 |
| Citation | 18 S.W.2d 972,230 Ky. 227 |
| Parties | JONES v. HERALD POST CO. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Jefferson County, Common Pleas Branch Third Division.
Action by Lillian Jones against the Herald Post Company. From a judgment dismissing the action, plaintiff appeals. Affirmed.
Joseph J. Hancock, of Louisville, for appellant.
Ben S Washer, of Louisville, for appellee.
While walking with his wife, Lillian Jones, along Chestnut street in Louisville, Thomas Jones was assaulted by two men and stabbed to death. In its report of the tragedy the Herald Post of Louisville stated that "Mrs. Jones heroically attacked both men, striking them before they could flee," and in speaking of the occurrence she used the following language: "I would have killed them. I tried. I fought with them. I struck the tall man, but they got away.
A woman hasn't got a chance against brutes. But if I could have killed them I would have done so. I will revenge him some day."
In connection with the story, there appeared on the front page of the newspaper a picture of the deceased and also a picture of Mrs. Jones.
Thereafter Mrs. Jones brought this suit against the Herald Post Company the owner and publisher of the Herald Post. In the first paragraph she alleged that the Herald Post Company, through its agents, forcibly, maliciously, and without her consent, entered her premises, broke into her dresser and trunk, scattered the contents, and carried away the photographs of herself and husband, and asked damages for the trespass. In the second paragraph she alleged that the photographs were published without her consent, in connection with a detailed statement giving an account and explanation of the murder, together with an incorrect and false statement claimed to be made by plaintiff. She further alleged that, by reason of said photographs being so published and used in connection with the murder, plaintiff was thereby subjected to ridicule and contempt, and that the publication was a violation of her right of privacy, to her damage in the sum of $2,000. Issue was joined on the first paragraph, and the demurrer was sustained to the second paragraph.
Thereafter plaintiff filed an amended petition, amending the second paragraph of her original petition. In this amendment she alleged that at the time of the publication she was living as the wife and housekeeper of her husband; that she did not at said time or at any time hold any public office of honor trust, or profit under the United States government, state of Kentucky, city of Louisville, county of Jefferson, or any other state, municipal, or county government; that the publication of the...
To continue reading
Request your trial
-
Mack, In re
...a picture which would inform the public and the authorities of the threatened or happened calamity? In the case of Jones v. Herald Post Co., 230 Ky. 227, 18 S.W.2d 972, 973, the Supreme Court of Kentucky 'There are times, however, when one, whether willingly or not, becomes an actor in an o......
-
Time, Inc v. Hill, 22
...v. Fleetwood, 212 Ga. 161, 91 S.E.2d 344 (1956); Buzinski v. Do-All Co., 31 Ill.App.2d 191, 175 N.E.2d 577 (1961); Jones v. Herald Post Co., 230 Ky. 227, 18 S.W.2d 972 (1929); Kelley v. Post Pub. Co., 327 Mass. 275, 98 N.E.2d 286 (1951); Martin v. Dorton, 210 Miss. 668, 50 So.2d 391 (1951);......
-
Barber v. Time, Inc.
... ... v. Los Angeles Examiner, 95 P.2d 491; Brents v ... Morgan, 221 Ky. 765, 299 S.W. 967; Jones v. Herald ... Post Co., 18 S.W.2d 972; Binns v. Vitagraph Co. of ... America, 210 N.Y. 51, 103 ... ...
-
Goldman v. United States Shulman v. Same
...35 L.R.A.,N.S., 595; Atkinson v. John E. Doherty & Co., 121 Mich. 372, 80 N.W. 285, 46 L.R.A. 219, 80 Am.St.Rep. 507; Jones v. Herald Post Co., 230 Ky. 227, 18 S.W.2d 972; O'Brien v. Pabst Sales Co., 5 Cir., 124 F.2d 167. See also § 51 of the New York Civil Rights Law, Consol.Laws, c. 6. 4 ......