Attorney General and Minister for Justice v Dublin United Tramways Company

JurisdictionIreland
CourtHigh Court
Judgment Date01 January 1940
Date01 January 1940
(H.C.),
Attorney-General and Minister for Justice
and
Dublin United Tramways Co., Ltd.

- Injury to, by tortfeasor - Injury causing incapacity for duty - Claim by People of ire against tortfeasor for loss of Guard's services - Whether relationship of master and servant exists between the People and a member of the Civic Guard - Measure of damages - Whether Attorney-General entitled to represent the People in an action against tortfeasor.

The relationship of master and servant exists between the People of Éire and members of the Civic Guard. Where a Guard has been incapacitated by a tortious act and the People have thereby been temporarily deprived of his services, the Attorney-General, suing on behalf of the People, is entitled to recover damages from the tortfeasor. The damages recoverable are in respect of the loss of services for the period of incapacity, and the wages payable to the Guard for such period provide a...

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11 cases
  • Attorney General, Minister for Finance and, v O'Brien
    • Ireland
    • Supreme Court
    • 1 January 1950
    ...... true position too late, when witnesses had come to Dublin for the trial, and in mercy to some of the persons ... can rely on Attorney-General and Minister for Justice v. Dublin United Tramways Co., Ltd. (1) , to carry his ... in a coach claimed damages against the tramway company for injuries suffered in a collision between the coach and ......
  • TDI Metro Ltd v Fingal County Council
    • Ireland
    • Supreme Court
    • 31 March 2000
    ...to assert the rights of the public by action in the Courts": Attorney-General and Minister for Justice v. Dublin United Tramways Co [1939] I.R. 590, 597, per Maguire P. This action may also be a reaction. 86The court was referred to the words of Professor James Casey in The Irish Law Offic......
  • Usk District Residents Association Ltd v an Bord Pleanála, Ireland and Others
    • Ireland
    • High Court
    • 8 July 2009
    ...its members, a resident. Cases mentioned in this report:- Attorney General and Minister for Justice v. Dublin United Tramways Co. Ltd. [1939] I.R. 590. Bennett v. British Columbia (Superintendent of Brokers) [1994] Can. L II 912 (BC C.A.); [1994], 30 Admin. L.R. 283. Berkeley v. Secretary o......
  • Attorney-General (Nsw) v Perpetual Trustee Company (Ltd)
    • Australia
    • High Court
    • Invalid date
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