Brief Fact Summary. The Plaintiff, Economopoulos (Plaintiff), sued the Defendant, A.G. Pollard Co. (Defendant) because its clerks falsely accused him of stealing. No one was present who spoke the language that the accusation took place in except for the Plaintiff and the clerk.
Synopsis of Rule of Law. To maintain a defamation cause, publication of the defamatory statement must occur to some one other than the person defamed.
Held. No. Exceptions overruled.
* There was no evidence that anyone, but the Plaintiff was present when the first clerk spoke to the Plaintiff in English. There was no evidence that anyone present except the Plaintiff understood the words spoken by the second clerk. Therefore, no publication was made.
Discussion. Publication in defamation cases does not refer to any sort of writing, but rather means communication of the words to some other person than the person defamed.