Córas Iompair Éireann v Kerry County Council

• Jurisdiction: Ireland
• Judgment Date: 01 January 1980
• Date: 01 January 1980
• Court: Court of Appeal (Ireland)

(C.A.)

Córas Iompair Éireann

and

Kerry County Council

Locomotive and wagon derailed - No damage done to locomotive and wagon - Damage to permanent way - Cost of replacement of locomotive and wagon on permanent way - Whether applicant entitled to cost of replacement - Whether applicant's loss was consequential loss - Malicious Damage Act, 1861 (24 25 Vict., c. 97), s. 51 - Local Government (Ireland) Act, 1898 (61 62 Vict. c. 37), s.5.

The permanent way of the applicant's railway was damaged by four...