## Facts

- A New York newspaper published an article about the death of Jack Rose.
- The article falsely identified him as “Baldy Jack Rose,” a notorious self-confessed murderer and underworld figure.
- The article named Anna Rose as the widow and identified their children as survivors.
- The publication did not accuse the widow or children of any misconduct or dishonorable traits.
- The family sued for libel, alleging the false association caused them social disgrace and reputational injury.
- The trial court denied the newspaper’s motion to dismiss; the Appellate Division reversed and dismissed; the family appealed.

## Issues

1. Whether surviving relatives state a libel claim when a publication defames only the memory of a deceased person and does not contain defamatory matter “of and concerning” the relatives.

## Decision

- The Court of Appeals of New York affirmed dismissal for failure to state a cause of action.
- The court held that the publication, though defamatory as to the deceased, did not defame the widow or children.
- Naming relatives as survivors and causing indirect social embarrassment did not satisfy the requirement that defamation be “of and concerning” the plaintiff.

## Legal Principles

- Defamation is a personal tort; a plaintiff must show the challenged statements are “of and concerning” the plaintiff.
- A libel on the memory of a deceased person is not actionable by surviving relatives unless the publication, by its terms or reasonable implication, defames the relatives themselves.
- Reputational harm that flows only from association with a defamed decedent, without defamatory meaning directed at the survivor, does not create liability.
- Expanding defamation law to allow survivor recovery for defamatory statements about the deceased is a policy change for the legislature, not judicial redefinition.

## Conclusion

The court held that survivors cannot recover for libel based solely on defamatory statements about a deceased family member; without defamatory matter understood as referring to the survivors themselves, the complaint fails.


Rose v. Daily Mirror, Inc., 284 N.Y. 335, 31 N.E.2d 182 (N.Y. 1940)