WEDDING REPORT

Greymouth Evening Star, 5 March 1926, Page 2

WEDDING REPORT

LIBEL ACTION DISMISSED. A libel action arising out of a premature account of a marriage was mentioned to Lords Justices Bankes, Warrington, and Atkin recently in a London Court of Appeal. Major Charles Emerson, a iish auctioneer, of Grimsby, appealed from a judgment of Mr Justice Finlay striking out the statement of claim in an action against the Grimsby Tinies and Telegraph Company, Limited, ol Grimsby. Mr P. E. Sandlands, who appeared for Major Emerson, said that his client was a prominent member of the Grimsby iish trade, and he had arranged to be married to Miss Rita Clare, a contralto singer, then living with her parents at Grimsby. On the day before the marriage Major Finerson carried on his avocation as usual. Unfortunately the newspaper came out that day with an account of the ceremony. Lord Justice Bankes : From the account I am sure the bride must have sent the information. Mr Sandlands : What really happened was that a reporter went down. He was at first refused any information. But he said, ‘‘lf you don’t give it to me I shall probably get it all wrong.” Accordingly they gave him the information, and he put it in on the wrong day. (Laughter.) Counsel added that one of the things of which he complained in that account was the statement: ‘‘The honeymoon is being spent in the South of England.” On the morning following the publication

Major Emerson went to work before the ceremony, but he could not carry on his work because of the ridicule to which he was subjected, and he complained that he was being prejudiced in. his business on account of ribald jests and ridicule. Mr Justice Finlay had dismissed the action on the ground that the words complained of were not capable of a defamatory meaning.

Lord Justice Bankes : The paper sets out facts indicating that the marriage had taken place on the day before, and that the married couple had gone off on their honeymoon. Mr Sandlands : When in fact they had not. Lord Justice Bankes; As a matter of fact, the man was in the fish market. Why does that hold him up to ridicule? It seems to be an obvious mistake.

Mr Sandlands: A mistake might hold him up to ridicule. People might say: ‘You have soon got tired of the lady.” ■ (Laughter.) Lord Justice Bankes: Or it might suggest that he was such a keen man of business that he preferred the fish market to the South of England. (Renewed laughter.) The Bench dismissed the appeal without hearing counsel for the newspaper. Lord Justice Bankes said that from the mere reading of the alleged libel it must have been obvious to anyone who saw Major Emerson at work the day after that a mistake had been made. In the circumstances he could not say that the judge was wrong in holding that the action was frivolous and vexatious. Lord Justice Warrington concurred. Lord Justice Atkin said that though it was not 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 after his wedding. Therefore, he should have preferred to let this case go to the jury and leave them to say whether it was or was not a trumpery case. But lie would not disagree with the judgment of the court. The appeal was accordingly dismissed.