## Facts

- Upper Darby Township was governed by a thirteen-member board of commissioners, including John H. Farrell.
- Triangle Publications, Inc., publisher of the *Philadelphia Inquirer*, printed an article stating that township “commissioners” were under investigation for “pocketing” or misusing public funds connected to a canceled municipal project.
- The article did not name Farrell or any other commissioner, and did not include distinguishing descriptions of any individual.
- Farrell alleged the story defamed him because readers who knew he was a commissioner would understand the accusations to refer to him as a member of the small group.
- Farrell filed a civil libel action; the defendant filed preliminary objections in the nature of a demurrer, asserting the complaint failed to state a claim because the publication was not “of and concerning” Farrell.
- The trial court sustained the objections and dismissed the complaint.

## Issues

1. Whether an individual member of an identifiable group (thirteen township commissioners) states a libel claim when the publication accuses the group generally but does not identify the individual plaintiff.
2. What pleading is required to satisfy the “of and concerning” element in a group-defamation case, including whether extrinsic facts must be alleged to link the statement to the plaintiff.

## Decision

- The Supreme Court of Pennsylvania affirmed the dismissal.
- The court held the complaint failed to state a cause of action because the article did not sufficiently identify Farrell as the person defamed.
- The court concluded that a generalized accusation against “commissioners,” without more, was not reasonably understood as referring to Farrell individually.
- The absence of pleaded extrinsic facts connecting Farrell to the alleged misconduct defeated the “of and concerning” requirement.

## Legal Principles

- A defamation plaintiff must plead and prove that the challenged publication was “of and concerning” the plaintiff, meaning recipients would reasonably understand it to refer to the plaintiff as an individual.
- Defamation directed at a group is not actionable by an individual member unless the circumstances show the statement would reasonably be taken as applying to the plaintiff personally.
- Group size may be relevant, but a relatively small group does not automatically permit suit by each member; the publication’s language and any special identifying circumstances control.
- Where no person is named, a plaintiff must allege identifying facts (colloquium or equivalent averments) showing how readers would connect the statement to the plaintiff.

## Conclusion

The court held that a commissioner could not maintain a libel action based on a newspaper article accusing township commissioners as a group of misconduct where the article did not identify him and the complaint alleged no special facts showing readers would understand the accusations to be about him individually.


Farrell v. Triangle Publications, Inc., 159 A.2d 734 (Pa. 1960)