(1958) Tags: Screen Gems
MRS. JESSE JAMES, JR. v. SCREEN GEMS, INC. et al.,
Defendant Screen Gems produced a film entitled “Bitter Heritage” which allegedly portrays a segment of the life of Jesse James, Jr., son of Jesse James, the notorious outlaw and guerrilla fighter who lived from 1847 to 1882. Plaintiff was the wife of Jesse James, Jr. She lived with him as his wife for more than 50 years and is his widow.
Defendant Columbia Broadcasting System advertised the film indicating to the public that the film would be exhibited on said defendant’s “Playhouse 90” production for nationwide television viewing on April 17, 1958, and said defendant caused certain previews of said film to be shown on its “Playhouse 90” production on April 10, 1958. Plaintiff viewed the previews on April 10, 1958, and on April 11 viewed the entire film. All people, places, and events portrayed in said film are pure fiction with the exception that Jesse James, Jr., and Frank James, brother of Jesse James, were real persons, and that Jesse and Frank James had a mother living during the time of the alleged incidents of the film, and that the town of Jearney (Kearney) is a real town located in Missouri.
By reason of the broadcast of the film, plaintiff’s friends and members of the general public mistakenly assumed that certain false statements concerning plaintiff’s deceased husband were true. As a result, these friends and members of the general public contacted plaintiff, “asserting the truth” of statements referred to above and thereby expressing that her deceased husband was the type of person as portrayed in said film, causing plaintiff’s friends and members of the general public to ridicule, scorn, and harass her and causing some of her friends to abandon her. Many of plaintiff’s friends and members of the public derived the opinion that plaintiff was portrayed in the said film as the daughter of a contemptible person. Thereby plaintiff was caused grievous mental and physical suffering and she was damaged in the amount of $1.5 million — and seeks to enjoin any further broadcast or distribution of the movie.