Scottish Court of Session Decisions

In this case Eliza Milne, teacher, was pursuer, and John Bauchope, teacher, was defender. The following issue was submitted for the pursuer:—

“It being admitted that the pursuer is a certificated teacher, and was infant schoolmistress of St Mary's Sessional School, Edinburgh, from October 1861 to July 1865, and that the defender was, during said period, and still is, a master in said school:

“Whether, on or about the 10th day of January 1865, the defender did write and transmit, or cause to be written and transmitted, to the Rev. Dr Grant, minister of the parish of St Mary's, Edinburgh, a letter in the terms contained in the schedule. And whether, in said letter, the defender did falsely and calumniously say of and concerning the pursuer that she had told falsehoods-to her loss, injury, and damage?

Damages, £500.”

The letter in question charged the pursuer with misrepresentations of fact regarding some of the pupil teachers, of conduct in many respects subversive of discipline, and concluded by saying:—

“She questions some of the scholars about me in a way she ought not to do. She has spoken insolently and falsely to me, and about me, inpresence of the pupil teachers and others. In many instances she has shown little or no interest in school, and she seems to be actuated by a spirit of petty nnoyance. She has sometimes told direct falsehoods, occasionally to the knowledge of the pupil teachers. Her conduct in ignoring my position, and the daily system of petty annoyance which she pursues, makes me desirous of having this state of matters remedied as soon as possible.”

The following counter-issue was submitted for the defender:—

“Whether the statements in the said letter, to the effect that the pursuer had told falsehoods, are true?”

The jury, by a majority of 9 to 3 found that although by the letters and documents before the Court the defender is regarded as head master, there is no evidence to show that he was appointed to such an office, and the jury do not recognise him as such; also by the same majority they found for the pursuer, and assessed the damages at £10.