Innes v. Adamson

Subject_1 Reparation Subject_2 Slander Subject_3 Police Officer Subject_4 Privilege — Malice.

Reparation — Wrongous Dismissal — Chief Constable — Police (Scotland) Act 1857 (20 and 21 Vict. cap. 72), sec. 6. Facts: A police constable raised an action of damages against a Chief Constable, stating that in the presence of two police officials the defender had maliciously and without probable cause slandered him by saying that he had given in a false report, that the said report was a lie, and that instead of attending to his duties he had merely been putting off his time.

Held that the defender was within his duty in admonishing his inferior officer in regard to the report made by him, and that as the pursuer failed to state facts and circumstances from which malice could be inferred, his averments were irrelevant.

A police constable tendered his resignation to the Chief Constable of his district, who thereupon dismissed him from the force. Upon application to the Police Committee the constable was allowed to resign, and his salary Page: 27 ↓

In an action of damages at his instance against the Chief Constable— held that the defender was empowered by statute to dismiss inferior officers without the previous approval of the Police Committee, and that the averments of the pursuer were irrelevant.