Crowley v County Council of Limerick

• Jurisdiction: Ireland
• Judgment Date: 11 July 1923
• Date: 11 July 1923
• Court: Court of Appeal (Irish Free State)

Appeal. (I. F. S.)

Crowley v. Limerick Co. Council

In the Matter of the Workmen's Compensation Act, 1906,and in the Matter of an Arbitration between CORNELIUS CROWLEY, Applicant, and the COUNTY COUNCIL of LIMERICK, Respondents (1)

Employer and workman - "Contract of service" - Workman - Quarrying stones for County Council - Paid by the piece - Workmen's Compensation Act, 1906 (6 Ed. 7, c. 58), sect. 13.

Appeal by the applicant from an order made by the County Court Judge of Limerick, refusing an application for compensation under the Workmen's Compensation Act, 1906.

From the evidence it appeared that Cornelius Crowley, the applicant, was engaged in quarrying stones for the County Council of Limerick on February 16th, 1923, and that a splinter struck him in the right eye. He was paid by the cubic yard for quarrying the stones. All the men engaged at the quarry, except Crowley and another man, were put on time work in October, 1922. The County Surveyor made this arrangement in order to test the cubic rate cost as between time rate and a rate per cubic yard. The rate for the applicant was fixed at 3s. 3d. per cubic...