Flanaghan v British Petroleum Company Ltd

CourtSupreme Court (Irish Free State)
Judgment Date01 January 1926
Docket Number(1924. No. 10,034.)
Date01 January 1926

Supreme Court.

(1924. No. 10,034.)
Flanagan v. The British Petroleum Co., Ltd.
THE BRITISH PETROLEUM CO., Ltd., Defendants (1)

Practice - Pleading - Particulars - Action under Fatal Accidents Act, 1846 (9 & 10 Vict. c. 93).

Appeal from an order of Murnaghan J., dated January 27th, 1925, refusing a motion by the defendants for further and better particulars.

The action was brought by Bride Flanagan and other children of Michael Flanagan, deceased, under Lord Campbell's Act for damages sustained through the death of their father, caused, as they alleged in the first paragraph of the statement of claim, by the negligent and careless driving of the defendants' motor lorry on November 23rd, 1923. On that date the deceased was driving a donkey and cart on the public road at Bohernamona, County Tipperary, when the defendants' motor lorry collided with the cart, "and, as a result of the said collision, the said Michael Flanagan suffered great personal injuries, from which he died on November 28th, 1923." In the second paragraph of the statement of claim the plaintiffs averred that they had suffered damage from the negligence of the defendants.

The statement of claim was not delivered until November 28th, 1924; and on December 22nd, 1924, the defendants delivered their defence, in which they denied negligence, and also denied that Michael Flanagan died from the result of any injuries received on the occasion mentioned by the plaintiffs.

On December 4th, 1924, the defendants' solicitors served notice on the plaintiffs' solicitor requiring:—

(a) Full and detailed particulars of the negligence of the defendants alleged in the second paragraph of the statement of claim.

(b) Full and detailed particulars of the "great personal injuries" suffered by Michael Flanagan, as alleged in the first paragraph of the statement of claim.

On December 16th, 1924, the plaintiffs' solicitor replied to the notice as follows:—

(a) The defendants' servant drove the lorry without regard to the rights of Michael Flanagan, who was lawfully using the

highway. The driver so negligently managed and controlled the lorry that he struck deceased's cart, which was in front of him, and moving in the same direction. If the defendants have received a report of the facts from their driver, they are already aware of the foregoing facts, as the driver knows that the running down of the donkey cart was reckless and inexcusable.

(b) A moment...

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