Rhodes v. Graham

• Citation: 238 Ky. 225
• Parties: Rhodes v. Graham et al.
• Decision Date: 27 March 1931
• Court: United States State Supreme Court — District of Kentucky

238 Ky. 225

Rhodes v. Graham et al.

Court of Appeals of Kentucky.

Decided March 27, 1931.

1. Torts. — Unwarranted invasion of "right of privacy" constitutes "legal injuria" for which redress will be granted.

"Right of privacy" has been defined as right to live one's life in seclusion, without being subjected to unwarranted and undesired publicity, or right to be let alone.

2. Torts. — Petition to recover damages for invasion of right of privacy by tapping telephone wires running into plaintiff's home stated cause of action.

The petition alleged that defendants jointly and severally illegally trespassed on and tapped telephone wires and other appliances of telephone company used by plaintiff for hire leading to plaintiff's residence in violation of plaintiff's right, and that defendants thereby listened in on privacy of plaintiff's home and phone conversations and took shorthand notes thereof. Petition further set out contract between petitioner and telephone company.

Appeal from McCracken Circuit Court.

C.C. GRASSHAM and ROY GARRISON for appellant.

R.L. MYRE and BEN S. ADAMS for appellees.

OPINION OF THE COURT BY JUDGE REES.

Reversing.

The appellant, C.H. Rhodes, who was the plaintiff below, brought this action against the appellees, seven in number, to recover damages for the alleged acts of appellees in tapping the telephone wire running into appellant's home. The material portion of the petition reads as follows:

"Within twelve months last past and very recently, all within a few weeks last past and for a long continuous period of time the defendants, Robert Graham, Herman Graham, Lalia Graham, Ewing Graham, Mrs. May Ligon, Mrs. Bessie Mason, and Herman Graham, Jr., each and all jointly and severally, one with another, and in concert, concurrence and co-operation, each with the other and all together, wrongfully and illegally and without right or authority trespassed upon and tapped the telephone wire and other appliances of the telephone company employed and in use by plaintiff for hire and compensation in which he had a valuable property right, leading from its main line to the residence and home of plaintiff, and in violation of plaintiff's rights wrongfully and illegally obstructed the use and service thereof to plaintiff and his family, and interfered with and prevented its free and full use by them, by connecting same with Herman Graham's residence, whereat each and all of the defendants reside, and then resided. Defendants and each and all of them connected plaintiff's telephone line and telephone with the telephone of one of the defendants, viz., Herman Graham, with the knowledge, consent and co-operation by separate and independent wires of approximately two hundred and fifty feet in length and so applied and attached same in order to listen in on the privacy of plaintiff's home and phone and conversations had thereon, and each and all of them, and others authorized by them to so do, did listen thereto, and thereby invaded the privacy of all telephone conversations carried on by members of plaintiff's family, and of his home, and of plaintiff and his guests in his home, all without his knowledge or consent.

"Defendants employed a stenographer, Mrs. Bessie Mason, to listen in and transcribe same from shorthand notes of such conversations and she did so; and each and all of said defendants for and during said time wrongfully, unlawfully, willfully and maliciously trespassed upon and injured and obstructed the telephone line, conversations thereon, the post and wire and the materials and other appliances and...