Lumsden v. West Lothian Printing and Publishing Co. [1905] ScotLR 42_804 (19 July 1905)

Lumsden v. West Lothian Printing and Publishing Co. [1905] ScotLR 42_804 (19 July 1905)

The innuendo that the pursuer had been more than once convicted of she beening was not unreasonable or forced and could be inferred from the words used in the letter; therefore, the pursuer was entitled to have the issue tried by a jury.

Citation
[1905] ScotLR 42_804
Parties
Pursuer: Alexander Lumsden; Defender: West Lothian Printing and Publishing Company, Limited
Jurisdiction
Scotland
Judgment Date
19 July 1905
Procedural Posture
Action of Damages for Libel / Appeal (reclaiming Motion) Against Dismissal at First Instance
Outcome
Interlocutor of Lord Ordinary recalled; issue allowed to proceed to jury trial.
Legal Topics
Defamation, Libel, Slander, Innuendo, Reparation
Tort Media Law Defamation Libel Slander Innuendo Reparation

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Parties

Alexander Lumsden

Pursuer

West Lothian Printing and Publishing Company, Limited

Defender

Procedural Posture

Action of Damages for Libel / Appeal (reclaiming Motion) Against Dismissal at First Instance

Legal Issues

  1. 1 Whether the letter published by the defender falsely and maliciously represented that the pursuer had been more than once convicted of she beening
  2. 2 Whether the innuendo alleged by the pursuer was capable of being inferred from the words used in the letter

Ratio Decidendi

The innuendo that the pursuer had been more than once convicted of she beening was not unreasonable or forced and could be inferred from the words used in the letter; therefore, the pursuer was entitled to have the issue tried by a jury.

Court Disposition

Interlocutor of Lord Ordinary recalled; issue allowed to proceed to jury trial.

Orders

  • Recall of the Lord Ordinary's interlocutor dismissing the action
  • Approval of the issue proposed by the pursuer for jury trial