West v. Mackenzie [1917] ScotLR 456 (25 May 1917)

West v. Mackenzie [1917] ScotLR 456 (25 May 1917)

The pursuer failed to prove that the defender acted maliciously or without probable cause in writing to the police; the evidence did not support the jury's finding of malice, and the defender's conduct was justified by the circumstances. The verdict was contrary to evidence and must be set aside, and judgment entered for the defender.

Citation
[1917] ScotLR 456
Parties
Pursuer: Mrs Mary West; Defender: William Mackenzie
Jurisdiction
Scotland
Judgment Date
25 May 1917
Procedural Posture
Civil / Appeal on Motion for New Trial Following Jury Verdict
Outcome
verdict set aside; defender assoilzied (absolved)
Legal Topics
Slander, Malice, Probable Cause, Privilege, Reparation, Jury Verdicts, Setting Aside Verdicts
Tort Defamation Slander Malice Probable Cause Privilege Reparation Jury Verdicts +1 more

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Parties

Mrs Mary West

Pursuer

William Mackenzie

Defender

Procedural Posture

Civil / Appeal on Motion for New Trial Following Jury Verdict

Legal Issues

  1. 1 Whether the defender acted maliciously and without probable cause in instructing a police constable to detain the pursuer for leaving without paying a hotel bill
  2. 2 Whether the jury's verdict for the pursuer was contrary to the evidence

Ratio Decidendi

The pursuer failed to prove that the defender acted maliciously or without probable cause in writing to the police; the evidence did not support the jury's finding of malice, and the defender's conduct was justified by the circumstances. The verdict was contrary to evidence and must be set aside, and judgment entered for the defender.

Court Disposition

verdict set aside; defender assoilzied (absolved)

Orders

  • Rule made absolute; verdict set aside; defender assoilzied from the conclusions of the action