Macleod v. Macaskill [1919] ScotLR 72 (19 November 1919)
The pursuer's averments, though minimal, are sufficient to entitle her to inquiry as they allege the defender took advantage of his position as master and their being alone, coupled with professions of affection, to induce her consent. The Court will not deprive her of the opportunity to have the case investigated.
- Citation
- [1919] ScotLR 72
- Parties
- Pursuer: Jeanie MacLeod; Defender: Kenneth MacAskill
- Jurisdiction
- Scotland
- Judgment Date
- 19 November 1919
- Procedural Posture
- Civil / Reclaiming Motion (appeal) Against Allowance of Issue for Trial
- Outcome
- reclaimer's (defender's) appeal refused; Lord Ordinary's interlocutor adhered to
- Legal Topics
- Reparation, Seduction, Master and Servant Liability, Methods of Inducement, Relevancy of Pleadings
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Jeanie MacLeod
Pursuer
Kenneth MacAskill
Defender
Procedural Posture
Civil / Reclaiming Motion (appeal) Against Allowance of Issue for Trial
Legal Issues
- 1 Whether the pursuer's averments are sufficient in law to entitle her to inquiry in an action of damages for seduction by her employer.
Ratio Decidendi
The pursuer's averments, though minimal, are sufficient to entitle her to inquiry as they allege the defender took advantage of his position as master and their being alone, coupled with professions of affection, to induce her consent. The Court will not deprive her of the opportunity to have the case investigated.
Court Disposition
reclaimer's (defender's) appeal refused; Lord Ordinary's interlocutor adhered to
Orders
- Issue for trial allowed as adjusted by the Lord Ordinary
- Reclaiming note refused
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment