Acres and Thompson v Maxwell

• Jurisdiction: Ireland
• Court: Circuit Court
• Judgment Date: 01 January 1937
• Date: 01 January 1937

[Cir. Ct., I.F.S.],

Acres and Thompson

and

Maxwell

Agistment - Cattle of agister seized for rates and sold - Implied indemnity - Right to reimbursement - Measure of damages - Principal and surety - Money paid.

Certain cattle of the plaintiff which were lawfully on the defendant's land under a contract of agistment were distrained and sold for rates upon and due from the defendant. Held, the owner of the cattle was entitled to be reimbursed by the owner of the lands.

H. C., I.F.S.

S. C., I.F.S.

Burke

and

Russell

Reidy

and

Curtin

Incapacity for work -Incapacity from misconduct - Novus actus interveniens -Workman voluntarily leaves his post-accident employment under the same employer -Question of reasonableness of workman's conduct - Duty of arbitrator - Workmen's Compensation Act, 1906, Sch. I, (1) (b).

Injury to a workman's eye - Review of an award for weekly payment -Finding of partial incapacity - "Post-accident average weekly amount" - "Earning or is able to earn in some suitable employment" - Workmen's Compensation Act, 1934 (No. 9 of 1934), s. 25 and Sch. 3, r. 1.

Where an injured workman is given suitable alternative employment and voluntarily leaves that employment for a reason not attributable to his injury, it is the duty of the arbitrator, in an application to review and increase the weekly payment, to consider whether the workman's conduct was reasonable.

In arriving at the post-accident average weekly amount which a workman is earning or is able to earn in some suitable employment or business after the accident, there must be some evidence upon which the Circuit Judge can compute that figure. Quaerewhether there is an onus on the employer to produce evidence which will indicate any particular employer willing to give employment to the partially incapacitated workman or any particular class of work for which the workman may be suited.

[Cir. Ct., I.F.S.],

Acres and Thompson

and

Maxwell

Agistment - Cattle of agister seized for rates and sold - Implied indemnity - Right to reimbursement - Measure of damages...