Mason v. Orr [1901] ScotLR 39_148 (28 November 1901)

Mason v. Orr [1901] ScotLR 39_148 (28 November 1901)

The pursuer's averments did not disclose that the police acted outside their duty, that the pursuer was willing to comply, or that the force used was manifestly excessive. The actions described were within the scope of police authority in clearing a public street during a public event. No relevant case of assault was made out.

Citation
[1901] ScotLR 39_148
Parties
Pursuer: David Mason; Defender: John Orr
Jurisdiction
Scotland
Judgment Date
28 November 1901
Procedural Posture
Civil / Appeal (reclaiming Motion) From Interlocutor Allowing Issue to Proof
Outcome
defender assoilzied (absolved) from the action
Legal Topics
Assault by Police, Reparation, Police Powers, Regulation of Traffic
Tort Public Law Assault by Police Reparation Police Powers Regulation of Traffic

Case Brief

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Parties

David Mason

Pursuer

John Orr

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Interlocutor Allowing Issue to Proof

Legal Issues

  1. 1 Whether the pursuer's averments disclose a relevant case of assault against a police officer on duty
  2. 2 Whether force used by police in clearing a public street can constitute assault in the circumstances

Ratio Decidendi

The pursuer's averments did not disclose that the police acted outside their duty, that the pursuer was willing to comply, or that the force used was manifestly excessive. The actions described were within the scope of police authority in clearing a public street during a public event. No relevant case of assault was made out.

Court Disposition

defender assoilzied (absolved) from the action

Orders

  • Interlocutor of the Lord Ordinary recalled
  • Action dismissed