Bohane v Driscoll

• Jurisdiction: Ireland
• Judgment Date: 19 February 1929
• Date: 19 February 1929
• Court: Supreme Court (Irish Free State)

[S. C., I.F.S.]

Bohane

and

Driscoll

Liability -National school - Fire screen removed from fire -Child severely burned - Allurement - "Trap" -Licensee - Action in Circuit Court - Damages awarded - Damages increased by High Court on appeal - No application to High Court to vary decree of Circuit Court - Increased award of damages set aside by Supreme Court - Public Authorities Protection Act, 1893, s. 1 - Courts of Justice Act, 1924 (No. 10 of 1924), ss. 61 and62 - Courts of Justice Act, 1928 (No. 15 of 1928), s. 11 - Rules of High Court and Supreme Court,1926, Or. XXIV, r. 6.

A National School contained two classrooms, one for the junior and one for the senior class. During the luncheon hour the junior class were sent out-of-doors to the playground, and the defendant, who was the teacher of the senior class, used to allow the junior class to come into his classroom and warm themselves at the fire. He was under no obligation to allow the junior class into his room; he merely did it out of kindness to the children, and so that they would not have to remain outside in the severe weather. On one occasion he temporarily removed the fire screen which usually guarded the fire in his room, and, the junior class coming into his room as usual, and going to the fire, the clothes of one of them, a child of six years ofage, caught fire, and she was severely burned. Suing by her father, as her next friend, she brought an action in the Circuit Court against the defendant, and was awarded £40 damages. The defendant appealed, but the High Court dismissed the appeal, and, of their own initiative and without any application having been made to them, increased the amount of damages awarded to £150, notwithstanding...