Driscoll v Riordan

• Jurisdiction: Ireland
• Judgment Date: 28 February 1885
• Date: 28 February 1885
• Court: Exchequer Division (Ireland)

Ex. Div.

DRISCOLL

and

RIORDAN

Callan v. Dowdall Dill. & R. Rep. 235.

Jellis and Others v. Swift 17 I. L. T. & S. J. 546.

Doe v. BiggsENR 2 Taunt. 108.

Elliott v. South Devon Railway CompanyENR 2 Exch. 725.

Chaine v. CrokerUNK 12 L. R. Ir. 151.

M'Cutcheon v. Wilson Not reported.

Landlord and tenant Letting for temporary convenience Letting pending minority of infant owner Question for jury Misdirection.

VOL. XVI.] Q. B., C. P., & EX. DIVISIONS. interpreted. It appears to me to be at the farthest as consistent with the negative as with the affirmative of the question, whether Egan, in driving at the time of the occurrence, was acting in the course of his employment as the Defendant's servant, and if so, there was no evidence fit to go to the jury on that question ; but I regard the evidence as more consistent with the negative of the above question, and in my opinion there was nothing from which a jury might reasonably have found in the affirmative. I am therefore of opinion that the verdict for the Plaintiffs in these actions should be set aside, and that we should direct verdicts to be entered for the Defendant with costs, and that the Dgendant should have the costs of the argument here. Solicitor for the Plaintiffs : Gerald Byrne. Solicitor for the Defendant : Samuel Hughes. DRISCOLL v. RIORDAN. Ex. Div. 1885. Landlord and tenant-Letting for temporary convenience-Land Law (Ireland) Feb. 6, 24, 25, Act, 1881, sect. 58, sub-sect;, -Letting pending minority of infant owner- 26, 28. Question for jury-Misdirection. The question whether a letting prior to the Land Law (Ireland) Act, 1881, was made for temporary convenience within section 58, sub-section 7, is one of mixed law and fact which, in being left to the jury, should be accompanied by such instructions as will restrict their consideration to the matters of fact in controversy. A letting pending the minority of an infant owner, made to the knowÂÂledge of the tenant with the motive of securing the right of possession to the infant on his attaining age, is a letting for the temporary convenience of the landlord within the meaning of the Act. To come within the exemption of the section, the purpose or motive of the t letting must be within the knowledge of both' parties at the time of making the 1 contract. CAUSE shown by the Defendant against a conditional order to change the verdict into one for the Plaintiff. LAW REPORTS (IRELAND). [L. R. I. ... The action was brought to recover possession of the lands of Rafeen, in the county of Cork, on the title, and for 300 mesne rates. The statement of claim alleged that John Driscoll being seised of the lands in question, by marriage settlement, dated 3rd February, 1859, and. made between John Driscoll of the first part, Cornelius Driscoll of the second part, Johanna Driscoll of the third part, Margaret Ahearn of the fourth part, and Eugene M'Swiney and T. Callaghan of the fifth part (being a settlement executed on the occasion of the marriage of the said C. Driscoll and Margaret Ahearn), the said lands were conveyed to Eugene M'Swiney and T. Callaghan upon the trusts therein set forth during the lifetime of C. Driscoll ; and after the decease of C. Driscoll, subject to an annuity of 60 a-year to Margaret Driscoll during her life, upon trust for the child or children of the marriage, in such shares as the said C. Driscoll should by deed or will appoint. There were two children of the marriage, Elizabeth Driscoll (the Plaintiff), born in October, 1859, and John Driscoll (since deceased), born on 20th February, 1864. C. Driscoll died on 4th December, 1864, having previously made his will, dated 6th June, 1864, and thereby appointed the said lands to his two children, and apÂÂpointed his wife sole executrix and testamentary guardian of the Plaintiff. On 25th March, 1870, Margaret Driscoll entered into an agreement with the Defendant to hold the lands as tenant for fourteen years at the yearly rent of 360, and a fine of 100 ; this term of fourteen years being calculated and agreed on (as the statement of claim alleged) to expire at or before the attainment of the age of twenty-one years by the said son John Driscoll, who was by the said agreement to re-occupy the lands, or in the event of his death by his sister the Plaintiff. The statement of claim alleged that this letting was a temporary letting during the minority' of the said John Driscoll for temporary convenience solely. The said John Driscoll died in 1879. The Plaintiff alleged that the temporary letting determined on the 25th March, 1884, and claimed to be entitled to possession with mesne rates from that date. The Defendant pleaded that he was in possesÂÂsion. The action was tried at the Cork Summer Assizes, 1884, before Mr. Justice O'Brien. VOL. XVI.] Q. B., C. P., & EX. DIVISIONS. Mrs. Driscoll, mother of the Plaintiff, 'was examined, and proved her marriage, the births of her children, and the deaths of her husband. and her son John, as mentioned in the statement of claim. The Plaintiff was born in 1859. The lands contained 182 acres, were held in fee-farm at the yearly rent of 1 18. per acre, and constituted the only property of Cornelius Driscoll, who farmed. them. The settlement and the, will of Cornelius Driscoll were admitted. In 1870, Mrs. Driscoll advertised the lands for letting, and employed Mr. Gillman, solicitor (deceased), to get a tenant. She had previously let it one year to a dairyman. The Defendant made a proposal in Mr. Gillman's office; Mr. Gillman asked her how old her son was. She said he was six years old ; Mr. GillÂÂman wrote the heads of an...