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Barr v. Southern Bell Telephone and Telegraph Co.

Filed: January 12, 1972.

PHILLIP BARR
v.
SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY



Appeal by plaintiff from Lupton, Judge, 15 March 1971 Session of Superior Court held in Forsyth County.

Brock, Judge. Judges Vaughn and Graham concur.

Brock

Plaintiff's complaint and evidence before the trial judge, and his entire argument on this appeal, are centered upon his contention that defendant has invaded plaintiff's right of privacy. North Carolina has recognized, as have most states, a cause of action for an invasion of an individual's right of privacy, and has recognized in such instances a right to nominal damages where special damages cannot be shown. Flake v. News Co., 212 N.C. 780, 195 S.E. 55.

For discussions of the beginning and development of the recognition of a cause of action for invasion of an individual's right of privacy and discussions of the nature of the privacy so protected, see: Peck v. Tribune Co., 214 U.S. 185, 53 L. Ed. 960, 29 S. Ct. 554 (1908); Flake v. News Co., supra; Pavesich v. New England Life Ins. Co., 122 Ga. 190, 50 S.E. 68 (1905); Sinclair v. Postal Telegraph & Cable Co., 72 NYS 2d 841; Annot., "Invasion of Privacy by Use of Plaintiff's Name or Likeness for Nonadvertising Purposes," 30 ALR 3d 203; Annot., "Invasion of Privacy by Use of Plaintiff's Name or Likeness in Advertising," 23 ALR 3d 865; Annot., "Right of Privacy," 14 ALR 2d 750; Annot., "Right of Privacy," 14 ALR 2d 750 (ALR 2d Later Case Service); Annot., "Right of Privacy," 168 ALR 446; Annot., "Right of Privacy," 138 ALR 22; Hofstadter and Horowitz, The Right of Privacy, (1964); Prosser, Law of Torts, § 117 (4th ed. 1971); ALI Restatement of Torts, § Warren and Brandeis, The Right to Privacy, 4 Harv. L. Rev. 193 (1890); Nizer, The Right of Privacy, 39 Mich. L. Rev. ...


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