O'Brien v Waterford County Council
| Jurisdiction | Ireland |
| Judgment Date | 16 July 1926 |
| Date | 16 July 1926 |
| Docket Number | (1924. No. 1986.) |
| Court | Supreme Court (Irish Free State) |
S. C.,
O'Brien
and
Waterford County Council
Repair of highway - Broken bridge - One half of the width temporarily repaired - Timber fence between repaired and unrepaired portions - Unlighted at night - Necessity for warning - Accident - Liability of road authority - Misfeasance - Non-feasance.
The defendants, as the road authority, erected a temporary structure which extended to about half the width of a former bridge which had been destroyed. To protect persons using the road over the bridge so reconstructed from falling into the gap left by the unrestored part of the bridge the defendants caused a fence to be erected, consisting of larch spars attached to posts sunk into the ground. A...
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3 cases
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O'Riordan v Clare County Council
...in title. The Council noted that the decision in Cowley was approved of by the former Supreme Court in O'Brien v. Waterford County Council [1926] IR 1 (‘ O'Brien’) and the Council also relied on that case. However, while noting the ‘ anomalous rule’ that a road authority is not liable for ......
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McCabe v South Dublin County Council
...IEHC 502 RUSSELL v MEN OF DEVON 100 ER 359 1788 2 D & E 667 WADE & FORSYTH ADMINISTRATIVE LAW 10ED 2009 755 O'BRIEN v WATERFORD CO COUNCIL 1926 IR 1 CIVIL LIABILITY ACT 1961 S60(1) CONSTITUTION ART 50.1 LOCAL GOVERNMENT (IRELAND) ACT 1898 Tort – Damages & Restitution – Personal injury – S.......
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Long v Tipperary County Council
...stated: “20. It is fair to say the non-feasance rule has come in for some criticism over the years. In O'Brien v. Waterford County Council [1926] IR 1 per Murnaghan J. it was described as “anomalous”. In Kelly v. Mayo County Council [1964] IR 315 per Kingsmill Moore J. it was described as “......