Boughton v Bray Urban District Council

• Jurisdiction: Ireland
• Judgment Date: 01 January 1964
• Date: 01 January 1964
• Court: Supreme Court

(S.C.)

Boughton

and

Bray Urban District Council

Infant - Waste ground owned by defendants - Refuse set alight by defendants' employees - Infant burned at dump -Allurement - Concealed danger - Damages -Whether excessive.

The plaintiff, a girl of five years, was severely burned while on the defendants' property, a piece of waste ground part of which was used by the defendants as a temporary dumping ground for street sweepings which it was their practice to burn from time to time. The ground was used as a recreation place by both adults and children. It was conceded that the plaintiff was a licensee and that the injury occurred at the dump. The case was put to the jury on the basis that the plaintiff had to establish that it was a smouldering fire and not a blazing fire. If the latter, it was not a concealed danger. The plaintiff objected to the charge and submitted that it was open to the jury to find that the dump was a concealed danger to children of tender age. The plaintiff suffered severe burns at the front of the left chest...