Rose v. Daily Mirror, Inc.
Court of Appeals of New York
31 N.E.2d 182 (1940)
Relevant factsFree
When Jack Rose died, the Daily Mirror (defendant) falsely reported he was "Baldy Jack Rose," a self-confessed murderer who lived in fear of gangland retaliation, and named his widow Anna and their children (plaintiffs) as survivors without otherwise mentioning them. The family sued for defamation, arguing the false story humiliated them personally; the trial court let the case proceed, but the appellate court reversed, and the family appealed further.
IssueFree
Whether false statements about a deceased person are actionable by that person's survivors when the statements did not directly defame the survivors themselves.