Bernhardt v. Abrahams [1912] ScotLR 574 (19 March 1912)

Bernhardt v. Abrahams [1912] ScotLR 574 (19 March 1912)

The pursuer failed to prove that the slanderous words alleged in English were spoken, as the words were in Yiddish and not set forth or proved as required; further, the innuendo in the private letter was not proved as none of the recipients testified to understanding the defamatory meaning alleged.

Citation
[1912] ScotLR 574
Parties
Pursuer: William Bernhardt; Defender: Benjamin Abrahams (P. Abrahams & Company)
Jurisdiction
Scotland
Judgment Date
19 March 1912
Procedural Posture
Reparation (damages for Slander) / Appeal From Jury Verdict; Motion for New Trial
Outcome
Verdict set aside; new trial granted.
Legal Topics
Slander, Innuendo, Foreign Language Evidence, Proof Requirements, Damages
Tort Defamation Slander Innuendo Foreign Language Evidence Proof Requirements Damages

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Parties

William Bernhardt

Pursuer

Benjamin Abrahams (P. Abrahams & Company)

Defender

Procedural Posture

Reparation (damages for Slander) / Appeal From Jury Verdict; Motion for New Trial

Legal Issues

  1. 1 Whether slanderous words alleged in English but spoken in Yiddish can support a verdict when not set forth in the record as spoken in Yiddish and not proved as such.
  2. 2 Whether, in a private letter alleged to be slanderous, the innuendo must be proved by showing recipients understood the defamatory meaning.

Ratio Decidendi

The pursuer failed to prove that the slanderous words alleged in English were spoken, as the words were in Yiddish and not set forth or proved as required; further, the innuendo in the private letter was not proved as none of the recipients testified to understanding the defamatory meaning alleged.

Court Disposition

Verdict set aside; new trial granted.

Orders

  • Rule made absolute.
  • Verdict set aside.