Dinan Dowdall and Company Ltd v Dublin Corporation
Jurisdiction | Ireland |
Judgment Date | 11 March 1954 |
Date | 11 March 1954 |
Court | High Court |
Motor car found abandoned and damaged mechanically - Wilful damage - Damage due to the nature of the driving - Malice - Local Government (Ireland) Act, 1898 (61 62 Vict., c. 37), s. 5 - Malicious Damage Act, 1861 (24 25 Vict., c. 97), s. 51.
A motor car, the property of the applicants, was stolen from its garage at night and the following day was found six miles away with three gallons of petrol used. There was external damage and also damage to the engine which was such that the person driving the motor car must have known that what he was doing would cause damage. On an application in the Circuit Court for compensation under the provisions of s. 51 of the Malicious Damage Act, 1861, and s. 5 of the Local Government Act, 1898, the Circuit Court Judge awarded compensation. On an appeal...
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