Cowman v Coffey and Adair

• Jurisdiction: Ireland
• Judgment Date: 01 January 1939
• Date: 01 January 1939
• Court: Circuit Court

(Cir. Ct.),

Cowman

and

Coffey and Adair

Action for negligence against two members of Board - Joint tortfeasors - Fisheries (Ir.) Act, 1848 (11 12 Vic., c. 92), ss. 12, 20, 28.

A Board of Conservators under the Fishery (Ir.) Act, 1848, is not a body corporate. Where the Board in erecting a fish pass acted outside the powers given to it by the Act and in doing so erected the fish pass negligently so as to cause damage by flooding, the members of the Board are joint tortfeasors and may be sued individually in their personal capacity

(Cir. Ct.),

In re Margaret McLaughlin

New application for - Spirit grocer's off-licence held in and since 1902 -Beer retailer's off-licence sought - Not identical - "Now licensed" - Intention of Act - Preservation but not extension of existing rights -Licensing (Ir.) Act, 1902 (2 Edw. 7, c. 18, s. 2).

The applicant held in 1902 a spirit grocer's off-licence. She now applied for a beer retailer's off-licence in addition in respect of the same premises. Held, that the applicant not being so "licensed" within the meaning of the Licensing (Ireland) Act, 1902 (2 Edw. 7, c. 18, s. 2), the Court must refuse the application.

(Cir. Ct.),

Cowman

and

Coffey and Adair

Action for negligence against two members of Board - Joint tortfeasors - Fisheries (Ir.) Act, 1848 (11 12 Vic., c. 92), ss. 12, 20, 28.

A Board of Conservators under the Fishery (Ir.) Act, 1848, is not a body corporate. Where the Board in erecting a fish pass acted outside the powers...