Economopoulos v. A. G. Pollard Co. - 218 Mass. 294, 105 N.E. 896 (1914)

Rule:

There is no publication of a statement where on the evidence the words could not have been heard by any one but the plaintiff.

Facts:

Plaintiff brought a defamation action against defendant for statements allegedly made regarding accusations of larceny on plaintiff's part by words spoken of plaintiff, as follows: 'You have stolen a handkerchief from us and have it in your pocket.' There was evidence that a clerk of defendant stated in English to plaintiff, a Greek, that he had stolen a handkerchief, and that a Greek clerk stated to plaintiff in Greek that plaintiff had stolen a handkerchief. There was nothing to show that third persons heard the charge, excepting the floor walker. The trial court directed the jury to enter a verdict for defendant.

Issue:

Was there evidence of publication of defendant's statements?

Answer:

No.

Conclusion:

The state supreme court denied plaintiff's exceptions and affirmed, because there was no evidence of publication of defendant's statements as there was no evidence that the words were heard by anyone but the plaintiff, and there was no evidence that other words spoken by another employee in Greek were understood by anyone else but the plaintiff.