Flynn v Irish Sugar Manufacturing Company, Ltd

• Jurisdiction: Ireland
• Court: Supreme Court (Irish Free State)
• Judgment Date: 01 January 1930
• Date: 01 January 1930

S. C.,

Flynn

and

Irish Sugar Manufacturing Co

Ltd

Common employment - Workman drowned - Voluntary acceptance of risk - Action under the Fatal Accidents Act, 1846 - Jury's findings - Duty of trial Judge -Judgment entered contrary to findings - Setting aside judgment.

A judge, trying an action with a jury, has no jurisdiction to disregard the verdict of the jury upon an issue of fact submitted to them, and where a party is entitled to judgment upon the findings of the jury as they stand, judgment must be entered accordingly by the Judge, whatever his own opinion may be concerning the verdict. The power which was formerly possessed by a Judge sitting at Nisi Prius to decline to enter judgment at all, and to leave either party to move the Divisional Court for judgment, has now been taken away; and once a finding of the jury has been recorded, it can only be set aside upon an application to the Supreme Court. So heldby the Supreme Court. Power v. Dublin...