Fleming v Cavan County Council

• Jurisdiction: Ireland
• Judgment Date: 15 June 1974
• Docket Number: [N. 1549]
• Date: 15 June 1974
• Court: High Court

(H.C.)

Fleming

and

Cavan County Council

House damaged by fire - Whether onus of proof discharged - Local Government (Ir.) Act, 1898 (61 62 Vict., c.37), s. 5.

The applicant's house was damaged by a fire which occurred while he was away from home during a holiday. The applicant applied for and was awarded compensation by the Circuit Court pursuant to the Criminal Injuries Acts. At the hearing of an appeal to the High Court it was established that the applicant, before he left home, had turned off the supply of fuel oil to the central-heating plant, that he had disconnected the electricity fuses in the house, and that he had locked and secured all doors and windows. It was also established that shortly before the fire occurred someone had broken into the house and had restored the supply of electricity by replacing the fuses; but there was no evidence that any property had been stolen from the house. The issue on the appeal was whether the applicant had discharged the onus of proving that someone had "maliciously"set fire to his house. Held by Budd J., in...