HADN'T BEEN WEB

Evening Star, Issue 19198, 15 March 1926, Page 5

HADN'T BEEN WEB

A libel action arising out of a, premature account of a marriage was uu?utioned to Lords Justices Bankos, Warrington, and Atkin in the British Comt of Appeal in January. Major Charles Emerson, M.G.. a fish auctioneer, of Grimsby, appealed from a. judgment of Air Justice I'inlay striking out the statement of claim in Jus action aganst the Grimsby ‘ 'rimes ’ and ‘Telegraph’ Company, Lid.

BRIDE’S FAMILY SENT IT

Mr I’. E. Sandilands, for the appealing plaintiff, said his client was a prominent member of the Grimsby fish trade, and lie bad arranged to bo married to Miss Kita. Clare, a well-known contralto singer. On the day beloro the marriage Major Emerson carried ou his avocation as usual. Uniortunatoly the Grimsby 1 Telegraph ’ came out that day with an account of tho ceremony.

Lord Justice Baukcs; From the account T. am sure the bride must have sent the information.

Air Sandilands: AVbat really happened was that a reporter went down. He was at first refused any information. But be said; ‘‘lf you don’t give it to me 1 shall probably got it all wrong.” Accordingly they gave him the information, and lie put it in on tho wrong day. (Laughter.)

CHAFF IN THE MARKET,

Mr Sandilamls added that one of the things of which be complained in that account was the .statement: “The honeymoon is being spent in the South of England.” On. the morning following publication Major Emerson went to work before the ceremony, but be could not carry on his work because of the ridicule to which ho was subjected. Mr Justice Finlay had dismissed the action on the ground that tho words complained of wore not capable of a defamatory meaning. Lord Justice Bankcs: As a matter of fact, the man was iu the fish market. Why does that hold him up to ridicule"? It seems to ho an obvious mistake.

Mr Bamlilands: A mistake might hold him up to ridicule. People might cay: “Yon have soon got tired of the lady.” (Laughter. 1 FISH OR THE DOWNS?

Lord Justice ihmkes; Or it might suggest that ho was such a keen man of business that he preferred the fish market to (he South of England. (Renewed laughter.) Their Lordships dismissed (he appeal without hearing counsel for tho newspaper. Lord Justice Atkin .said Unit, though it was nob defamatory to say that a man was married on Tuesday when he was, in fact, married on Wednesday, many people might object to a statement which made it appear that he was working on the first day alter his wedding. There!ore ho should have preferred to let this case go to the jury and leave them to say whether it was dr was not a trumpery case. But lie would not disagree with the judgment of the court.

The appeal was accQrdingly dismissed.