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Burton v. Crowell Publishing Company

United States Court of Appeals for the Second Circuit
82 F.2d 154 (1936)


Facts

Crowell Publishing Company (Crowell) (defendant) published a cigarette advertisement made up of text and photographs in a publication featuring a horse jockey named Burton (plaintiff). One of the pictures represented Burton coming from a race, holding a saddle below his waist. An unintentional blurring of the photograph gave the impression that Burton was guilty of indecent exposure. The photographic error was obvious. The caption under the photograph said: “Get a lift with a Camel.” Burton sued Crowell for libel. Burton conceded that he had been paid for posing for the pictures, but Burton argued that he did not see the photo that was used in the publication. The trial court dismissed Burton’s complaint. Burton appealed.

Rule of Law

Issue

Holding and Reasoning (Hand, J.)

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