Young v. Macrae

(1862) 3 B. & S. 264, 122 Eng. Rep. 100, 9 Jur. N.S. 538, 27 J.P. 132, 32 L.J.Q.B. 6, 7 L.T. 354, 1 New Rep. 52, 11 W.R. 63 (1862)

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Young v. Macrae

England and Wales High Court of Justice
(1862) 3 B. & S. 264, 122 Eng. Rep. 100, 9 Jur. N.S. 538, 27 J.P. 132, 32 L.J.Q.B. 6, 7 L.T. 354, 1 New Rep. 52, 11 W.R. 63 (1862)

SH

Facts

Young (plaintiff) manufactured and sold paraffin oil. Macrae (defendant) sold oil made by Portland Kerosine Company. Both were lamp oils. Macrae published and distributed a report that compared the two oils and claimed that Young’s oil was inferior in several respects, including that it burned less brightly and with a disagreeable odor. Young filed suit against Macrae, claiming his business had been injured by the publication. In the suit, Young alleged that the publication represented the oil sold by Macrae in a falsely positive light but did not allege that the statements made about Young’s oil were false.

Rule of Law

Issue

Holding and Reasoning (Cockburn, C.J.)

Concurrence (Blackburn, J.)

Concurrence (Wightman, J.)

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