Roberson v. Rochester Folding Box Co.

64 N.E. 442 (1902)

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Nature of the Case

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Facts

P alleges that Franklin Mills Co. (D1), was engaged in a general milling business and the manufacture and sale of flour. P alleged that Ds without the knowledge or consent of P had obtained, made, printed, sold and circulated about 25,000 lithographic prints, photographs, and likenesses of P on their flour bags; that those 25,000 likenesses of P were conspicuously posted and displayed in stores, warehouses, saloons and other public places; that they have been recognized by friends of the P and other people with the result that P has been greatly humiliated by the scoffs and jeers of persons who have recognized her face and picture on this advertisement and her good name has been attacked, causing her great distress and suffering both in body and mind; that she was made sick and suffered a severe nervous shock, was confined to her bed and compelled to employ a physician, because of these facts; that defendants had continued to print, make, use, sell and circulate the said lithographs, and that by reason of the foregoing facts P has suffered damages in the sum of $15,000. P asks that Ds be enjoined from making, printing, publishing, circulating or using in any manner any likenesses of P in any form whatever, for further relief (which it is not necessary to consider here) and for damages. The lower appeals court held that there was a cause of action for privacy. Questions were then certified to determine if P could sue Ds under such an action.