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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Sharp v. Wilson [1867] ScotLR 5_444 (30 March 1867) URL: http://www.bailii.org/scot/cases/ScotCS/1867/05SLR0444.html Cite as: [1867] ScotLR 5_444, [1867] SLR 5_444 |
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Page: 444↓
proof
After a proof before the Lord Ordinary, damages awarded against a medical practitioner for slanderous statements as to incompetence and unskilfulness on the part of another medical practitioner.
A defender in an action of damages for slander against a medical practitioner having, in his defences, alleged particular instances of unskilfulness on the part of the pursuer, so as to justify the defender's statements, held incompetent for either party to lead evidence as to other particular cases.
Hugh Sharp, member of the Royal College of Surgeons, England, residing in Cullen, in the county of Banff, sued James Wilson, licentiate of the Faculty of Physicians and Surgeons, Glasgow, also residing in Cullen, concluding against the defender for payment of £1000 in name of damages and solatium. It appeared that in February 1864 the defender wrote and sent to Dr Greig, Portsoy, a letter in the following terms:—
“ Cullen, 12 th February 1864.—Dear Sir, I understand you were called some time ago to attend Mrs
Page: 445↓
Wilson, Knowes, in her confinement, but being in bad health, you could not attend to her. Her husband then called Sharp, who visited her, but she, Mrs Wilson, has not yet been confined. This plan of procedure on the part of Wilson I cannot by any means understand. Sharp lately attended a sister of Mrs Wilson's (a Mrs Longmore, Bauds of Cullen) in her confinement, who died undelivered! and for Wilson to call Sharp to his wife after this is a circumstance most unaccountable in my idea. Now, I am the last one to interfere with another medical man in his profession, neither do I wish to attend Mrs Wilson, but I most certainly will be very much chagrined to hear of Sharp attending either Mrs Wilson, or any other patient of yours or mine in Deskford. If you have not already done so, do by all means call and see Mrs Wilson; push her hard about her sister's case. It is too bad to see a man allowed to attend women who, I believe, is no more capable of using a forceps than an infant. This is at least the third case of the sort that has fallen under his hands since I came to Cullen. Do be so good as let me hear from you soon; and, with complements to Mrs Greig and family, I am, dear sir, yours truly. (Signed) James Wilson. (Addressed) Dr Greig, Portsoy.” Dr Greig gave the letter to the pursuer, who then brought this action.
The defender, in his defences, alleged that the statements in the letter were true, and alleged four special cases of unskilfulness on the part of the pursuer.
An issue and counter issue were adjusted as follows:—
“Whether, on or about 12th February 1864, the defender wrote and transmitted, or caused to be written and transmitted, to Dr Greig, of Portsoy, the letter, a copy of which is contained in the schedule hereunto annexed? Whether the said letter is of and concerning the pursuer, and falsely and calumniously represents that the pursuer is incompetent and unskilful in his profession as a practitioner of midwifery; and that in the practice of said profession he had treated three cases incompetently and unskilfully, to the loss, injury, and damage of the pursuer?
Damages laid at £1000 sterling.
OR,
Whether, previously to the date of the said letter, the pursuer, as a practitioner of midwifery, attended Mrs Longmore, Bauds of Cullen, Mrs Helen Spence or Geddes, Mrs George Mair, Bobbin, and Mrs John Wilson, Seatown of Cullen, or any of them, and whether he treated them, or any of them, unskilfully?”
Thereafter, instead of the case being sent to a jury, on the joint motion of the parties, a proof was taken before the Lord Ordinary, under the evidence Act 1866. Certain witnesses were also examined before a commissioner in Banffshire.
The Lord Ordinary (
The defender reclaimed.
Clark and Orr Paterson for reclaimer.
Fraser and Scott for respondent.
At advising—
Page: 446↓
The other judges concurred.
Solicitors: Agent for Pursuer— John Walls, S.S.C.
Agents for Defender— H. & A. Inglis, W.S.