Connolly v Minister for Finance

Judgment Date29 July 1925
Date29 July 1925
CourtSupreme Court (Irish Free State)
S. C.,
Minister for Finance

Trees cut down and carted away - Claim for compensation - No proof of ownership - Theft - Malice - Insufficiency of findings - Malicious Injuries (Ireland) Act, 1853 (16 17 Vict., c. 38), s. 1 - Local Government (Ireland) Act, 1898 (61 62 Vict., c. 37), s. 5 - Damage to Property (Compensation) Act, 1923 (No. 15 of 1923), s. 6.

The applicants, timber merchants, claimed compensationunder the Criminal Injuries Acts in respect of 175 growing trees, which had been purchased by them, together with other timber, from F. on the latter's demesne lands. It was proved that the trees in question were, on different dates between November, 1921 and July, 1922, felled, cut, and carted away by a large number of persons resident in the neighbourhood. The trees had been felled in a manner which rendered them unsuitable for the purposes of the applicants. There was no evidence as to whether the persons who felled and carted away the trees constituted an unlawful assembly, and no evidence was given as to the nature of the purchase transactions between the applicants and F. On the authority of Congested Districts Board v. Mayo County CouncilDLTR, 55 I. L. T. R. 4, the Commissioner acting under the County Court Appeals Act, 1924 (No. 57 of 1924), awarded compensation to the applicants, and this included compensation for the timber taken away. On appeal to the Supreme Court by way of case stated:—Held, applying Kennedyv. Minister for FinanceIR, [1925] 2 I. R. 195, that the decision...

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