Judges: BROWN, J.:
Attorneys: J.V. Walton and Kate L. Walton, for appellant.
Crawford May, for appellees.
Filed: Nov. 24, 1944
Latest Update: Mar. 02, 2020
Summary: Plaintiff below, appellant here, Miss Zelma Cason, a resident and native of Island Grove in Alachua County, Florida, brought suit in the Circuit Court of Alachua County in February 1943, against the defendants, Mrs. Marjorie Kinnan Baskin, "sometimes known as Marjorie Kinnan Rawlings," and her husband, Norton Baskin, also residents of Alachua *Page 200 County, in an action sounding in tort for damages. The husband was merely a formal party defendant, a formality later rendered unnecessary by the
Summary: Plaintiff below, appellant here, Miss Zelma Cason, a resident and native of Island Grove in Alachua County, Florida, brought suit in the Circuit Court of Alachua County in February 1943, against the defendants, Mrs. Marjorie Kinnan Baskin, "sometimes known as Marjorie Kinnan Rawlings," and her husband, Norton Baskin, also residents of Alachua *Page 200 County, in an action sounding in tort for damages. The husband was merely a formal party defendant, a formality later rendered unnecessary by the ..
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As I construe the allegations of the declaration they show that the writing and publication complained of did not invade the privacy of the plaintiff or refer to her private life but attempted to portray her actions and conduct while performing the functions of a public servant in the office of census enumerator.
Therefore (absent malice, which is not shown here) the writing and publication was not actionable and judgment on demurrer sustained should be affirmed.
TERRELL, J., concurs.
