SINGER AWARDED £4OO

Gisborne Herald, Volume LXX, Issue 21172, 13 August 1943, Page 4

SINGER AWARDED £4OO

ACTION AGAINST PAPER CRITICISM OF RECITAL (P.A.) AUCKLAND, Aug. 12. Alleging that criticism of a song recital published in the New Zealand Observer on May 2(5 had much injured her credit and. reputation anq brought her into odium, ridicule , end contempt, Mae Brodie, a married woman, a professional singer and teacher of singing, professionally known as Madame Brodie, brought an action for £750 damages against Geddcs and Blomficld, Limited, of Takapuna, publishers, and Eric Adams Blomficld, Takapuna, publisher, in the Supreme. Court to-day before Mr. Justice Fair and a jury. The plaintiff also claimed that the defendants falsely and maliciously published an article in which it was stated that she was "no singer.’- The criticism continued: "It seems, neces-

sary to emphasise that the primary and indispensable requisite of a singer is a good voice. A charming mannci and sensitivity to words and music cannot provide a substitute for that quality. It is true that Madame Brodie had not long recovered from a bronchial cold, and that her voice may have been affected in - consequence. However, the chief impressions left by the tonal qualities of hotvoice was a peculiar harshness. Softness and clarity of tone were lacking.” His Honour said the article was not written with the idea of its being the grounds of a claim for damages. As an honest opinion it was notactionable, even though it might be quite wrong, stupid or, mistaken. Because of it's failure to understand the jury might consider parts offensive. It had to consider that the journal where it appeared did not' profess to be sober-sided and cautious, but had set itself out to. give entertainment and to make criticisms that were, bright and sparkling. After a 20-minute retirement the jury found for the plaintiff, awarding £4OO damages. Motions for judgment by Mr. North and for a non-suit by Mr. Finlay were reserved.