Crowley v County Council of Limerick

JurisdictionIreland
CourtCourt of Appeal (Irish Free State)
Judgment Date11 July 1923
Date11 July 1923

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 yard for quarrying alone, and 9d. for clamping the stones. The tools were supplied by the County Council. The time workers operated in one part of the quarry, and the men on piece work operated in another part, pointed out to them by the foreman. It was the duty of the latter to see that the stones quarried were small enough to go into the stone-breaker, and also to measure the amount quarried for the purpose of making payments on account to the men on piece work.

The County Court Judge found as facts the following:— (a) That no directions were given to Crowley, except that he was not to work in a certain area in the quarry, namely, that in which the men on time work were engaged; (b) that it was agreed in October, 1922, that if the stone quarried by him was not"clamped" or heaped in a certain manner and place, the 4s. per cubic yard was to be reduced to 3s. 3d., i.e. 9d. below what he had

been previously paid; and (c) that there was no interference or intervention on the part of the foreman, except in the latter making nearly every fortnight a rough estimate of the work done, for the purpose of interim payments on account, and in making a final assessment of the balance due to the applicant when the stone-breaking machine measured up the amounts. Finally, the County Court Judge found (d) that Crowley could work how and when and...

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3 cases
  • Lynch v Limerick County Council
    • Ireland
    • High Court (Irish Free State)
    • 21 January 1926
    ...of the Circuit Judge should be affirmed with costs. (1) Before Hanna and O'Byrne JJ. (2) [1925] 2 I. R. 61. (1) [1925] 2 I.R. 61. (2) [1923] 2 I.R. 178. (3) 48 Ir.L.T.R. (1) 48 Ir. L. T. R. 30. (2) 46 Ir. L. T. R. 69. (3) 49 Ir. L. T. R. 1. (4) 6 B. W. C. C. 87. (5) 15 B. W. C. C. 131. (6) ......
  • Wong Po Sin v New Universal Paper Co Ltd
    • Hong Kong
    • District Court (Hong Kong)
    • 4 February 1972
    ...District Judge 4 February 1972 D.B. Gunston (Gunston & Chow) assigned for applicant. A. Tsang (A. Tsang & Co.) for respondent. (1) C.C. (1923) 2 I.R. 178 (2) (1919) 12 B.W.C.C. 493 (3) (1946) 115 L.J.P.C. 41 (4) (1969) 2 W.L.R. 1 (5) (1915) 85 L.J. (KB) 239 9 B.W.C.C. 142 (6) (1965) D.C.L.R......
  • Wong Po Sin v New Universal Paper Co Ltd
    • Hong Kong
    • District Court (Hong Kong)
    • 4 February 1972
    ...District Judge 4 February 1972 D.B. Gunston (Gunston & Chow) assigned for applicant. A. Tsang (A. Tsang & Co.) for respondent. (1) C.C. (1923) 2 I.R. 178 (2) (1919) 12 B.W.C.C. 493 (3) (1946) 115 L.J.P.C. 41 (4) (1969) 2 W.L.R. 1 (5) (1915) 85 L.J. (KB) 239 9 B.W.C.C. 142 (6) (1965) D.C.L.R......

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