Casey v Sullivan

• Jurisdiction: Ireland
• Judgment Date: 01 January 1938
• Date: 01 January 1938
• Court: Supreme Court

S. C., E.

Casey

and

Sullivan

Uncertainty as to date of accident - Omission to give statutory notice of accident - Employer prejudiced in his defence -No evidence called to show prejudice - Whether accident arose "out of and in course of the employment"- Death resulting from injury.

C, a workman, met with an accident which caused him injury, on a day in April, 1936. He worked for a few days afterwards, and then had to give up work and take to his bed. He died on 2nd July, 1936. No notice of accident was given to the employer until about 26th June, 1936, by letter received from the applicant's solicitor. A fellow-worker of the deceased described the accident, which he had witnessed, but could not fix the date, nor could the applicant, the deceased's widow. There was also a disagreement about the date on which the deceased left his employer's premises finally and took to his bed. No evidence was called by the employer to show that he had been prejudiced in his defence by the delay in giving notice of accident. The Circuit Court Judge found that...