M'Cormack v. Glasgow Corporation [1910] ScotLR 493 (18 March 1910)

M'Cormack v. Glasgow Corporation [1910] ScotLR 493 (18 March 1910)

The conductor was acting in the honest discharge of his statutory duty to enforce fare payment; the occasion was privileged, and the pursuer failed to prove malice or want of probable cause; therefore, the Corporation is not liable in damages.

Citation
[1910] ScotLR 493
Parties
Pursuer/appellant: Joseph M'Cormack; Defender/respondent: Corporation of the City of Glasgow
Jurisdiction
Scotland
Judgment Date
18 March 1910
Procedural Posture
Civil Appeal (reparation/malicious Prosecution) / Appeal From Sheriff Court to Court of Session Inner House, First Division
Outcome
appeal dismissed; defenders assoilzied (absolved)
Legal Topics
Malicious Prosecution, Privilege, Statutory Authority, Reparation, Enforcement of Bye Laws
Tort Public Law Malicious Prosecution Privilege Statutory Authority Reparation Enforcement of Bye Laws

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Parties

Joseph M'Cormack

Pursuer/appellant

Corporation of the City of Glasgow

Defender/respondent

Procedural Posture

Civil Appeal (reparation/malicious Prosecution) / Appeal From Sheriff Court to Court of Session Inner House, First Division

Legal Issues

  1. 1 Whether the conductor's act of charging the pursuer with fare evasion was privileged
  2. 2 Whether malice and want of probable cause were proved
  3. 3 Whether the Corporation is liable for the conductor's actions under statutory bye-laws

Ratio Decidendi

The conductor was acting in the honest discharge of his statutory duty to enforce fare payment; the occasion was privileged, and the pursuer failed to prove malice or want of probable cause; therefore, the Corporation is not liable in damages.

Court Disposition

appeal dismissed; defenders assoilzied (absolved)

Orders

  • Affirm interlocutor of Sheriff of 5th August 1909
  • Assoilzie defenders from conclusions of the action