Flake v. Greensboro News Co. Sup. Ct Of N.C.,

212 N.C. 780,195 S.E. 55 (1938)

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Nature of the Case

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Facts

The Greensboro Daily News (D) published a photograph of Nancy Flake (P) wearing a bathing suit in an advertisement for Melts Bakery and North Carolina Theatres. The picture was supposed to be that of Sally Payne, the leading lady of the vaudeville show Folies de Paree. The photograph was used by D without P's consent. After learning of its mistake, D immediately published an explanation of the mistake and an apology. P sued D for libel and invasion of privacy. From an adverse judgment, the defendants appealed.