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COSGROVE STUDIO AND CAMERA SHOP v. PANE. (06/28/62)

June 28, 1962

COSGROVE STUDIO AND CAMERA SHOP, INC., APPELLANT,
v.
PANE.



Appeal, No. 109, Jan. T., 1961, from judgment of Court of Common Pleas of Luzerne County, Oct. T., 1959, No. 524, in case of Cosgrove Studio and Camera Shop, Inc. v. Cal R. Pane. Judgment reversed.

COUNSEL

Cletus M. Lyman, for appellant.

Louis G. Feldmann, with him Richard A. Kane, for appellee.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and O'brien, JJ.

Author: Eagen

[ 408 Pa. Page 316]

OPINION BY MR. JUSTICE EAGEN

In this action, the plaintiff-corporation seeks damages for an alleged libel caused to be published by the defendant. The court below sustained preliminary objections to the complaint in the nature of a demurrer and entered judgment for the defendant. The plaintiff appeals.

The plaintiff-corporation and the defendant are competitors in the business of commercial photography in the City of Hazleton, Luzerne County, a comparatively small city. The plaintiff-corporation caused an advertisement, addressed to the public to be inserted and published in two of the community newspapers of general circulation, offering a roll of photographic film free for every roll brought into its business establishment by a customer for development and printing. The following day, the defendant caused to be inserted and published in one of the same newspapers an advertisement which said, inter alia:

[ 408 Pa. Page 317]

"USE COMMON SENSE ...

"you get NOTHING for NOTHING!

"WE WILL NOT!

"1. Inflate the prices of your developing to give you a ...


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