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Peck v. Tribune Co., 214 U.S. 185, 29 S.Ct. 554, 53 L.Ed. 960, 7 Ohio Law Rep. 96, 16 Am.Ann.Cas. 1075

Facts

The plaintiff, Mrs. A. Schuman, claimed that an advertisement in the Chicago Sunday Tribune falsely represented her as a nurse endorsing Duffy's Pure Malt Whisky. The advertisement included her portrait and a statement attributed to her, which she denied, asserting that she was a total abstainer from alcohol. The defendant newspaper published the advertisement without verifying the authenticity of the claims made about the plaintiff.

The declaration alleged that the plaintiff was not Mrs. Schuman, was not a nurse, and was a total abstainer from whisky and all spirituous liquors.

Issue

Whether the publication of the advertisement constituted libel against the plaintiff.

The question, then, is whether the publication was a libel.

Rule

A publication is considered libelous if it contains false statements that could harm an individual's reputation in the eyes of a significant portion of the community.

If a man sees fit to publish manifestly hurtful statements concerning an individual, without other justification than exists for an advertisement or a piece of news, the usual principles of tort will make him liable if the statements are false, or are true only of someone else.

Analysis

The court analyzed the content of the advertisement and determined that it falsely represented the plaintiff as a nurse endorsing a product, which could lead to reputational harm. The court emphasized that the potential for harm does not require universal agreement on the negative implications of the statements made. The court concluded that the plaintiff had the right to present her case to a jury to determine the impact of the advertisement on her reputation.

It may be that the action for libel is of little use, but, while it is maintained, it should be governed by the general principles of tort.

Conclusion

The court reversed the lower court's judgment, allowing the plaintiff to proceed with her libel claim against the defendant.

Judgment reversed.

Who won?

The plaintiff, Mrs. A. Schuman, prevailed because the court found that the advertisement was libelous and that she had the right to prove her case to a jury.

Therefore it was the plaintiff's right to prove her case and go to the jury, and the defendant would have got all that it could ask if it had been permitted to persuade them, if it could, to take a contrary view.

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