The other case is Zbyszko v. New York American Inc. (1930) 2239 N.Y.S. 411 . A newspaper published a photograph of a particularly repulsive gorilla. Next to it appeared a photograph of the plaintiff above the caption: “ Stanislaus Zbyszko, the Wrestler: Not Fundamentally Different from the Gorilla in Physique.” The statement of claim alleged that this had caused the plaintiff to be shunned and avoided by his wife (who presumably had not noticed her husband's physique until it was pointed out to her by the newspaper), his relatives, neighbours, friends and business associates, and had injured him in his professional calling. The New York Court of Appeals held that the caption was capable of being defamatory. The case was presumably cited to us as persuasive authority. I find it singularly unpersuasive except as a demonstration of the lengths of absurdity to which an enthusiastic New York lawyer will go in pleading his case
Millet LJ in Berkoff v Burchill
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