Boal v. Scottish Catholic Printing Co., Ltd [1907] ScotLR 836 (06 July 1907)

Boal v. Scottish Catholic Printing Co., Ltd [1907] ScotLR 836 (06 July 1907)

The article is capable of bearing the innuendo that the pursuer was a person capable of appropriating charitable funds for his own purposes, and is not so plainly unreasonable as to warrant refusal of an issue; the case must go to trial for a jury to determine the meaning and effect of the statements.

Citation
[1907] ScotLR 836
Parties
Pursuer: Samuel Boal; Defender: Scottish Catholic Printing Company, Limited
Jurisdiction
Scotland
Judgment Date
06 July 1907
Procedural Posture
Action of Damages for Slander / Interlocutory Decision on Relevancy and Allowance of Issue
Outcome
Issue allowed; case to proceed to jury trial.
Legal Topics
Slander, Innuendo, Newspaper Publication, Charitable Funds

Case Brief

Summary, issues, holding and outcome

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Parties

Samuel Boal

Pursuer

Scottish Catholic Printing Company, Limited

Defender

Procedural Posture

Action of Damages for Slander / Interlocutory Decision on Relevancy and Allowance of Issue

  1. 1 Whether the published article is capable of bearing the innuendo that the pursuer was capable of appropriating charitable funds for personal use
  2. 2 Whether the statements are actionable as slander

Ratio Decidendi

The article is capable of bearing the innuendo that the pursuer was a person capable of appropriating charitable funds for his own purposes, and is not so plainly unreasonable as to warrant refusal of an issue; the case must go to trial for a jury to determine the meaning and effect of the statements.

Court Disposition

Issue allowed; case to proceed to jury trial.

Orders

  • The pursuer is allowed an issue as to whether the article falsely and calumniously represents him as capable of appropriating charitable funds for his own purposes.