Forster v Donovan

• Jurisdiction: Ireland
• Judgment Date: 01 January 1980
• Date: 01 January 1980
• Court: High Court

(H.C.)

Forster

and

Donovan

Dog - Postman bitten by dog - Dog the property of the first defendant - Warning given by the first defendant to the post office - Failure of post office to warn the plaintiff (postman) - Degrees of liability -Indemnity or contribution - Contributory negligence.

The first-named defendant was the owner of an Alsation dog which he kept at his premises. The plaintiff was employed by the second-named defendant (Ireland) as a postman and it was his duty to deliver letters in the area of Foxrock including at the first-named defendant's premises. The plaintiff, at that time, was a share-postman and, on the date hereinafter referred to, it was the second occasion on which he had delivered post on this particular route, the first delivery having been made on the previous day. On the 13th August 1974, when the plaintiff was delivering post at the hall door of the first-named defendant's premises, he was attacked and bitten by the said Alsation dog by reason whereof he suffered personal injuries, loss and damage. Previous to this time the first-named defendant had placed a letter box near the entrance to the driveway of his house which was approximately 100 yards from the residence. Furthermore in front of the postbox directly facing the entrance he had also placed a notice which read "Beware of Alsation". On the previous day, when the plaintiff delivered post to the hall door, the guard dog was in the house, and, later that day, the first-named defendant's wife telephoned thelocal post office and delivered a message to the effect that the postman was...