ACTION FOR DAMAGES

Otago Daily Times, Issue 25303, 13 August 1943, Page 4

ACTION FOR DAMAGES

JURY'S AWARD TO SINGER CRITICISM IN WEEKLY PAPER (P.A.) • AUCKLAND, Aug. 12. Alleging that criticism of a song recital published in the New Zealand Observer on May 26 had much injured her credit and reputation and brought her into odium, ridicule, and contempt, Mae Brodie, a married woman, professional singer and teacher of singing, known as Madame Brodie, brought an action for £750 damages against Geddes and Blomfield, Ltd., of Takapuna, publishers, and Eric Adams Blomfield, of 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 necessary to emphasise that the primary and indispensable requisite of a singer is a good voice. A charming manner and sensitivity to words and music cannot provide a substitute or 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 impression left by the tonai qualities of her voice was of peculiar harshness. Softness and clarity of tone were lacking.” The defence admitted publication, but denied that the words complained of were defamatory of the plaintiff, whether in the way of business or profession, and claimed that they were fair and bona fide comment upon a matter of public interest and were published without malice and for the public benefit. It was also denied that the plaintiff had suffered the alleged or any damage. Mr A. K. North, counsel for the plaintiff, said, she had been trained overseas and spent at least £3OOO on her musical training. His Honor 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 not actionable, even though it might be quite wrong, stupid, or mistaken because of failure to understand. The jury might consider parts of it to be offensive. They had to consider that the journal where it appeared did not profess to be sober-sided and cautious, but set itself out to give entertainment and to make criticisms that were bright and sparkling. After a retirement of 20 minutes the jury found for the plaintiff, awarding her £4OO damages. Motions for judgment by Mr North and for non-suit by Mr Finlay were reserved.