Bridget Walsh v Ballina Urban District Council

• Jurisdiction: Ireland
• Court: Circuit Court
• Judgment Date: 01 January 1921
• Date: 01 January 1921

Cir. Cas.,

Bridget Walsh

and

Ballina Urban District Council

Death caused by - Lord Campbell's Act - Claim by widow - Death within six months of accident - Action within twelve months of death, but more than twelve months from accident causing death - Public Authorities Protection Act, 1893 (56 57 Vict., c. 61, s. 1) (a) - Lord Campbell's Act (9 10 Vict., c. 93).

On the 31st October, 1918, P. W. was injured by falling into a gullet which was in a street under the care of an urban district council. P. W. brought no action in his lifetime, and died on the 15th April 1919, within six months after the accident, and in consequence thereof. An action was instituted by the widow of P. W. under Lord Campbell's Act on the 11th December, 1919, more than six months after the accident and more than eight months from the death of P. W. The defendant council pleaded that the action was barred by the Public Authorities Protection Act, 1893, as not having been brought within six months after the alleged wrongful act, neglect, or default complained of, and relied on the decision in Gawley v. Belfast Corporation, [1908] 2 I. R. 34. The judge found as a fact that the defendants were negligent:—Held, that the plaintiff was entitled to maintain the action. The plaintiff's right of action was a new right and distinct from that which the deceased would have had if he had survived to sue. As the statutory bar under the Public Authorities Protection Act, 1893, had not come into operation...