Reid v. Macfarlane [1919] ScotLR 482 (12 June 1919)

Reid v. Macfarlane [1919] ScotLR 482 (12 June 1919)

The jury was entitled to infer from the evidence that the defender effected sexual connection with the pursuer by virtue of his dominating ascendancy as her master, and that the circumstances amounted to seduction in law. The verdict for the pursuer was justified and the motion for a new trial was refused.

Citation
[1919] ScotLR 482
Parties
Pursuer: Chrissy Reid; Defender: John Macfarlane
Jurisdiction
Scotland
Judgment Date
12 June 1919
Procedural Posture
Action of Damages for Seduction / Motion for a Rule (application for New Trial) After Jury Verdict
Outcome
motion for a rule refused; verdict for pursuer stands
Legal Topics
Reparation, Seduction, Master and Servant, Abuse of Power
Tort Employment Law Reparation Seduction Master and Servant Abuse of Power

Case Brief

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Parties

Chrissy Reid

Pursuer

John Macfarlane

Defender

Procedural Posture

Action of Damages for Seduction / Motion for a Rule (application for New Trial) After Jury Verdict

Legal Issues

  1. 1 Whether the evidence entitled the jury to find that the defender seduced the pursuer by virtue of his dominating ascendancy as master over servant
  2. 2 Whether the circumstances amounted to seduction in law

Ratio Decidendi

The jury was entitled to infer from the evidence that the defender effected sexual connection with the pursuer by virtue of his dominating ascendancy as her master, and that the circumstances amounted to seduction in law. The verdict for the pursuer was justified and the motion for a new trial was refused.

Court Disposition

motion for a rule refused; verdict for pursuer stands

Orders

  • Damages assessed at £350 in favour of the pursuer