Muckarsie v Dickson. [Court of Session—1st Division.]
| Jurisdiction | Scotland |
| Judgment Date | 25 July 1848 |
| Docket Number | No. 2 |
| Date | 25 July 1848 |
| Year | 1848 |
| Court | Court of Session (Inner House - First Division) |
Ld. President, Presiding Judge.
Reparation—Assault.—
GEORGE MUCKARSIE, farmer and innkeeper, Auchtermuchty, for himself, and as administrator-in-law for his son, Andrew Muckarsie, brought an action, concluding for damages against Archibald Dickson, parochial schoolmaster there, for an alleged unprovoked assault upon his said son.
The following issue went to trial:—
‘It being admitted that the pursuer, Andrew Muckarsie, was at the time libelled on a pupil of the defender,—
‘Whether, on or about the 11th day of June 1847, between the hours of twelve and one o'clock afternoon, and within the school-room at Auchtermuchty, the said Archibald Dickson, defender, without provocation given, violently attacked the said Andrew Muckarsie with a stick and leather thongs, and struck him severely on the head, face, and arms, to the effusion of his blood, and to the loss, injury, and damage of the pursuers?’
Evidence to prove the assault was led by the pursuer, consisting of three boys, one of fourteen, and two of eleven years of age—the latter two not being sworn, but merely admonished to tell the truth. It appeared that Muckarsie had remained out of school beyond ‘leave time;’ that the master had in consequence given him twelve ‘palmies’ with the ‘tawse,’ which were of leather, and attached to the end of a stick; that the boy ran to his seat, and missed his foot and fell, and the master ran after him, gave him one or two more lashes, and when the boy got to his seat again, mumbling something, he struck him on the arm with the stick; that the boy was then holding down his head, and when he looked up the tawse struck him on the cheek; there was a blue and red mark on his cheek in consequence, and the skin was a little ruffled; that the master took him by the hair of the forehead and shook him gently.
It was proved on cross-examination, that the boy had misbehaved in the same way repeatedly; staying out of school, and making a noise outside; that after this, at a subsequent ‘leave,’ Muckarsie played as well and actively as the other boys. Only one of the boys said the master struck him with a stick on the head, and that the blood was coming out of his cheek by drops. A man met the boy coming from school crying, with a little blood on his cheek. A medical witness was adduced, who saw Muckarsie on the following day. His arm was rather severely contused, his face considerably swollen as...
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