Duan v Freshford Co-operative Creamery Ltd

• Jurisdiction: Ireland
• Judgment Date: 01 January 1942
• Date: 01 January 1942
• Court: Supreme Court

(S.C.),

Duan

and

Freshford Co-operative Creamery Ltd

Expenses of medical witness - Whether his attendance at Court was necessary or not - Proper test.

In a claim under the Fatal Accidents Act, 1846, where the cause of death was not made an issue in the case by the defendants in their pleading, the Supreme Court considered that the summoning to the trial of a doctor to prove the cause of death was a wise precaution taken by the plaintiff, and that the costs of bringing him to Court and of his attendance there should be allowed to the plaintiff on taxation.