Dowd v Kerry County Council
| Jurisdiction | Ireland |
| Judgment Date | 10 July 1970 |
| Date | 10 July 1970 |
| Docket Number | [1964. No. 1042 P.] |
| Court | Supreme Court |
(S.C.)
Dowd
and
Kerry County Council
Delivery of statement of claim - Delay of four years - Application to dismiss action for want of prosecution - Appeal to Supreme Court - Additional evidence - Rules of the Superior Courts, 1962 (S.I. No. 72 of 1962), Or. 27, r. 1; Or. 58, r. 8; Or. 108, rr. 7, 11.
On the 26th July, 1962, a surgical operation was performed on the plaintiff by the second defendant who was a surgeon employed by the first defendants in their county hospital. On the 1st June, 1964, the plaintiff commenced an action in the High Court and claimed damages for personal injuries which she alleged were caused by the negligence of the defendants or one of them. The plaintiff sought and obtained the consent of the defendants to an extension until the...
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77 cases
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Primor Plc v Stokes Kennedy Crowley
...I.D.A.DLRM [1993] ILRM 248; Department of Transport v. Chris Smaller (Transport) Ltd.ELR [1989] A.C. 1197; Dowd v. Kerry County CouncilIR [1970] I.R. 27; Eagil Trust Co. Ltd. v. Pigott-BrownUNK [1985] 3 All E.R. 119; Ó Dómhnaill v. MerrickIR [1984] I.R. 151; Rainsford v. Limerick Corporatio......
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Sheehan v Amond
...unanswerable. We have been referred to many of the relevant cases, e.g. Allen v. McAlpine 1968 2 Q.B. 229; Dowd v. Kerry Co. Council 1970 I.R. 27; O'Reilly v. C.I.E. 1973 I.R. 278; and Birkett v. James 1977 2 All E.R. 801. In none of those case, however, can any factor be found which cou......
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Allied Irish Bank Public Ltd Company v Boyle & Ano
...Again, I remain unconvinced that such a formal departmentalising of the defendant's conduct is justified. In Dowd v. Kerry County Council [1970] I.R. 27 O'Dálaigh C.J., with whom Walsh and Budd JJ. agreed, said the following by way of a general observation: “First, in weighing the extent of......
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Desmond v MGN Ltd
...94 that inspired the defendant into action. 95 I began by referring to the words of O'Dalaigh C.J. in Dowd v. Kerry County Council [1970] I.R. 27. Of course, the primary onus rests on the plaintiff in pursuing his or her proceedings, and more particularly so in defamation cases where any wa......
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