Brannigan v the Dublin Corporation

• Jurisdiction: Ireland
• Judgment Date: 03 March 1927
• Date: 03 March 1927
• Docket Number: (1924.—No. 11,828.)
• Court: Supreme Court (Irish Free State)

S. C.,

Brannigan

and

Dublin Corporation

Dumping refuse - No leave or licence - Statutory duty or authority - Public Health (Ireland) Act, 1878 (41 42 Vict., c. 52), ss. 52, 55 - Public Authorities Protection Act, 1893 (56 57 Vict., c. 61), s. 1.

By s. 52 of the Public Health (Ireland) Act, 1878 (41 & 42 Vict., c. 52), a sanitary authority is to provide for the cleansing of the streets and the removal of refuse, and all matters collected may be sold or otherwise disposed of. Section 1 of the Public Authorities Protection Act, 1893 (56 & 57 Vict., c. 61), provides that an action shall not lie against any person for "any act done in pursuance, or execution, or intended execution of any Act of Parliament, or of any public duty or authority, or in respect of any alleged neglect or default in the execution of any such act, duty, or authority" "unless it is commenced within six months next after the act, neglect, or default complained of, or, in case of a continuance of injury or damage, within six months next after the ceasing thereof."Between May, 1922, and February, 1924, the defendants, the Dublin Corporation, by their servants, deposited rubbish, broken stones, and noxious matter upon the plaintiff's lands. On December 19th, 1924, the plaintiff issued a writ against the defendants, claiming damages for trespass. The defendants, in addition to traverses. pleaded leave and licence, and relied upon the Public Authorities Protection Act, 1893. Upon the question of leave and licence there was a conflict of testimoney at the trial of the action, and the jury found that no leave and licence had been given by...