Clune v Clare County Council

• Jurisdiction: Ireland
• Judgment Date: 01 January 1980
• Date: 01 January 1980
• Court: Circuit Court

(Cir. Ct.)

Clune

and

Clare County Council

Cattle straying - Obligation to maintain fence - Nature of the obligation - Gate - Burial ground - Yew tree -Cattle straying because gate left open - Third party - Consequential loss - Liability.

The defendants were in control of, and had the duty to maintain the burial ground at Quin Abbey in the County of Clare. It was the duty of the caretaker employed by the defendants to keep the gate of the burial ground closed and to keep the key in a convenient place at or near the burial ground. The gate was left open in the month of January, 1970, by a French tourist who wished to see Quin Abbey and who had obtained the key at the nearby home of the caretaker. The plaintiff was the owner of a farm surrounding the Abbey and burial ground and some of his bullocks strayed through the open gate into the area. One of the bullocks ate the foliage of a yew tree which was growing...