Andrew v. Macara [1916] ScotLR 200 (23 January 1916)

Andrew v. Macara [1916] ScotLR 200 (23 January 1916)

The counter issue, if proved, established the truth of the statements attributed to the pursuer and therefore fully countered the pursuer's claims of being held up to public hatred, ridicule, and contempt; the judge's direction to the jury was correct and the bill of exceptions must be refused.

Citation
[1916] ScotLR 200
Parties
Pursuer: John Macdonald Andrew; Defender: Rev. Alexander Macara
Jurisdiction
Scotland
Judgment Date
23 January 1916
Procedural Posture
Civil Appeal (bill of Exceptions) / Appeal From Jury Trial Verdict
Outcome
bill of exceptions refused; verdict for defender affirmed
Legal Topics
Verbal Injury, Slander, Reparation, Public Hatred, Counter Issue, Truth as Defence
Tort Defamation Verbal Injury Slander Reparation Public Hatred Counter Issue Truth as Defence

Case Brief

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Parties

John Macdonald Andrew

Pursuer

Rev. Alexander Macara

Defender

Procedural Posture

Civil Appeal (bill of Exceptions) / Appeal From Jury Trial Verdict

Legal Issues

  1. 1 Whether the presiding judge erred in directing the jury that proof of the counter issue required a verdict for the defender
  2. 2 Whether the counter issue fully countered all of the pursuer's issues
  3. 3 Whether the pursuer was entitled to a verdict even if the statements were true

Ratio Decidendi

The counter issue, if proved, established the truth of the statements attributed to the pursuer and therefore fully countered the pursuer's claims of being held up to public hatred, ridicule, and contempt; the judge's direction to the jury was correct and the bill of exceptions must be refused.

Court Disposition

bill of exceptions refused; verdict for defender affirmed