Burton v. Crowell Publishing Company
United States Court of Appeals for the Second Circuit
82 F.2d 154 (1936)
Relevant factsFree
Crowell Publishing Company (Crowell) (defendant) published a cigarette advertisement featuring jockey Burton (plaintiff), in which an unintentional photo blur made it appear Burton was holding a saddle in a position suggesting indecent exposure, captioned "Get a lift with a Camel." Burton, who had been paid to pose but never saw the final image before publication, sued for libel; the trial court dismissed his complaint, and he appealed.
IssueFree
Whether a defendant that, even unintentionally, subjects a plaintiff to ridicule based on a published advertisement may be subject to liability for libel.