Gahan v Engineering Products Ltd

CourtSupreme Court
Judgment Date08 March 1971
Docket Number[1967. No. 2585 P.]
Date08 March 1971
Engineering Products Ltd

Inference from facts established - Injury to eye - Cause of accident not known precisely - Partial loss of eyesight -Damages - Appeal - Damages re-assessed by Supreme Court - Courts of Justice Act, 1924 (No. 10), s. 96.

The plaintiff's left eye was injured in an accident which occurred during the course of his employment with the defendants and, as a result of the injury, his ability to see with that eye was impaired. At the trial of the plaintiff's action in the High Court the jury found that his injury had been caused by a flying fragment of matter. The precise source of the fragment was not proved although it was established that welding work was being performed in the vicinity of the plaintiff at the time of the accident. The jury found that the defendants had been negligent in failing to equip the plaintiff with protective goggles. The jury assessed general damages at £1,200 for the plaintiff's pain and suffering until the date of the trial and at £3,200 for his future pain and suffering. At the hearing of an appeal by the defendants they submitted (a) that there had not been sufficient evidence of the source of the fragment to support a finding that they had been negligent and (b) that the general damages awarded by the jury were excessive as there had not been a total loss of sight from the injured eye. Held by the Supreme Court...

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8 cases
  • Holohan v Donohoe
    • Ireland
    • Supreme Court
    • 11 February 1986
    ...of this Court dealing with the Court's power to assess damages rather than direct a new trial is Gahan V.Engineering Products Ltd. 1971 I.R. 30. That was an appeal by the defendants against a finding of negligence against them made by a jury in the High Court and against the amount of the ......
  • McDonagh v Sunday Newspapers Ltd
    • Ireland
    • Supreme Court
    • 27 July 2017
  • Leech v Independent Newspaper (Ireland) Ltd
    • Ireland
    • Supreme Court
    • 19 December 2014
  • Connaughton v Minister for Justice and Anor
    • Ireland
    • High Court
    • 30 March 2012
    ...Railway Co [1930] 47 TLR 39; Wakelin v London and South Western Railway Co (1886) 12 App Cas 41 and Gahan v Engineering Products Ltd [1971] IR 30 considered - Proceedings dismissed (1999/1308P - Irvine J - 30/3/2012) [2012] IEHC 203 Connaughton v Minister for Justice, Equality and Law Refo......
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