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The Court refused an issue, holding that the words complained of were not slanderous.
The Court, assuming that the words complained of were slanderous, held that the foreman in uttering them, upon the instructions of the manager, was not acting within the scope of his employment, and that accordingly the action against his employers was irrelevant.
Samuel M'Adam, milk salesman, residing at No. 66 Bain Street, Calton, Glasgow, brought an action of damages for slander against the City and Suburban Dairies, Limited, Glasgow.
The pursuer pleaded, inter alia —“(1) The defenders having slandered the pursuer as condescended on, the pursuer is entitled to reparation as concluded for.”
The defenders pleaded, inter alia —“(3) The alleged statement by the said John Bell not being slanderous, et separatim , not having been made with the authority of the defenders, the defenders are entitled to absolvitor.”
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