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Torts Keyed to Epstein
Ellsworth v. Martindale-Hubbell Law Directory, Inc
Facts
Plaintiff alleged that Defendant misstated Plaintiff’s professional and financial rating in its directory. The directory is widely read by lawyers who forward legal business. Plaintiff claimed that this was defamatory and his reputation was injured. Plaintiff entered into evidence, Defendant’s listings for the years 1928 and 1929. In 1928 Defendant downgraded Plaintiff. In 1929, Defendant left his rating blank. Plaintiff also introduced evidence that his earnings were substantially lower in 1928. When the case was first before the court, it was held that the alleged defamation was not actionable per se and that Plaintiff would have to prove special damages. Plaintiff amended his complaint and alleged that his earnings were substantially lower and that he was damaged by more than $2,500.00. This was an appeal from an order overruling a demurrer to the amended complaint.
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