TORTS-LIBEL-PUBLICATION OF ALLEGATIONS IN A DECLARATION

Defendant published as a news items in its newspaper the fact that the plaintiff had been sued for the alleged alienation of one Emerson's wife, and also printed matter contained in Emerson's declaration. This publication occurred before the alienation suit was tried. Later, a verdict was rendered in that suit in favor of the present plaintiff. The lower court in the libel action decided in favor of the plaintiff.

Held, affirmed. The publication of the report of the filing of the action and the charges made in the declaration before any judicial action had been taken was not privileged. Sanford v. Boston Herald-Traveler Corporation, (Mass. 1945) 61 N.E. (2d) 5.