Broo v. John Ritchie & Co. [1904] ScotLR 41_723 (07 July 1904)

Broo v. John Ritchie & Co. [1904] ScotLR 41_723 (07 July 1904)

A widow has no title to sue for damages or solatium for a defamatory statement made about her husband after his death, where only mental suffering and not pecuniary loss is alleged; actions for defamation are personal and do not transmit to relatives unless their own legal interests are directly affected.

Citation
[1904] ScotLR 41_723
Parties
Pursuer and Reclaimer: Mrs Mary Burt Allan or Broom; Defenders and Respondents: John Ritchie & Company
Jurisdiction
Scotland
Judgment Date
07 July 1904
Procedural Posture
Civil Reparation (defamation/slander) / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
Appeal dismissed; interlocutor of Lord Ordinary adhered to; defenders assoilzied (absolved).
Legal Topics
Defamation of Deceased, Title to Sue for Post Mortem Defamation, Solatium for Injury to Feelings, Reparation for Slander, Transmission of Personal Actions
Tort Defamation Family Law Defamation of Deceased Title to Sue for Post Mortem Defamation Solatium for Injury to Feelings Reparation for Slander Transmission of Personal Actions

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Parties

Mrs Mary Burt Allan or Broom

Pursuer and Reclaimer

John Ritchie & Company

Defenders and Respondents

Procedural Posture

Civil Reparation (defamation/slander) / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether a widow and children have title to sue for solatium for defamation of a deceased relative's memory
  2. 2 Whether an action for defamation can be maintained by anyone other than the person defamed or their executor
  3. 3 Whether solatium alone is sufficient ground for such an action

Ratio Decidendi

A widow has no title to sue for damages or solatium for a defamatory statement made about her husband after his death, where only mental suffering and not pecuniary loss is alleged; actions for defamation are personal and do not transmit to relatives unless their own legal interests are directly affected.

Court Disposition

Appeal dismissed; interlocutor of Lord Ordinary adhered to; defenders assoilzied (absolved).

Orders

  • Sustains first plea-in-law for defenders; assoilzies defenders from conclusions of the action.