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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Fraser v. M'Nee. (Ante, p. 365.) [1868] ScotLR 5_733_1 (21 July 1868)
URL: http://www.bailii.org/scot/cases/ScotCS/1868/05SLR0733_1.html
Cite as: [1868] ScotLR 5_733_1, [1868] SLR 5_733_1
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SCOTTISH_SLR_Court_of_Session
Page: 733↓
Court of Session Inner House Second Division.
(Before the Lord President.)
v.
(Ante, p. 365.)
In this case Catherine Fraser, residing at Greenhill Cottage, Munlochy, in the county of Ross, was pursuer, and Dr James M'Nee, surgeon, residing in Munlochy, was defender.
The issue sent to the jury was as follows:—
“Whether, on or about the 7th February 1867, the defender maliciously, and without probable cause, communicated, or caused to be communicated, to the Procurator-Fiscal of the Western District of Ross-shire, false information or representations concerning the pursuer, to the effect that she was guilty of concealment of pregnancy; in consequence of which the pursuer was apprehended on a charge of concealment of pregnancy, and incarcerated in the prison of Dingwall from 8th till 21st February 1867—to the loss, injury, and damage of the pursuer?”
Page: 734↓
Damages laid at £300.
Fraser and Guthrie for pursuer.
Solicitor-General (Millar) and Watson for defender.
After lengthened evidence had been led, the jury returned the following verdict:—“The jury unanimously find a verdict for the defender, but regret he did not communicate first with the pursuer's mistress before communicating with the fiscal. They cannot separate without commenting upon the pursuer being removed in such inclement weather and at such an untimely hour to the jail of Dingwall, considering the circumstances she was supposed to be in.”
Lord President—I think it fair to the defendant to say, that when one is placed in the situation of having a communication of this kind to make to the authorities, it is a most delicate thing for him to speak to anybody else, and probably you have not taken sufficiently into account the delicate position in which the defender was placed. I merely make that observation lest an unpleasant impression should be left on your minds.
Solicitors: Agent for Pursuer— George Andrew, S.S.C.
Agents for Defender— Adam & Sang, S.S.C.