Gawley v Corporation of Belfast

JurisdictionIreland
CourtCourt of Appeal (Ireland)
Judgment Date26 November 1907
Date26 November 1907

GAWLEY
and

CORPORATION OF BELFAST

Appeal.

Action for damages for negligence causing personal injury — Death of person injured — Action by widow more than six, but within twelve, months from the date of the accident — Statute of Limitations — Public authority, action against ——

Carpue v. London and Brighton Railway Co. 5 Q. B. 747.

Darley Main Colliery Co. v. Mitchell 11 A. C. 127.

Lyles v. Southend-on-Sea CorporationELR [1905] 2 K. B. 1.

Markey v. Tolworth Joint Isolation Hospital District BoardELR [1900] 2 Q. B. 454.

Palmers v. Grand Junction Railway Co.ENR 4 M. & W. 749.

Parker v. London County CouncilELR [1904] 2 K. B. 501.

Polley v. FordhamELR [1904] 2 K. B. 345.

Seward v. Vera Cruz 10 A. C. 59.

Seward v. Vera Cruz 10 A. C. at p. 68.

Williams v. The Mersey Docks and Harbour BoardELR [1905] 1 K. B. 804.

34 THE IRISH REPORTS. [1908. Appeal, GAWLEY v. CORPORATION OF BELFAST (1). 1907. Nov. 25, 26. Action for damages for negligence causing personal injury—Death of person injured—Action by widow more than six, but within twelve, months from the date of the accident—Statute of limitations—Public authority, action against—Lord Campbell's Act (9 4. 10 Vict. c. 93)—Public Authorities Protection Act (56 4- 57 Vict. c. 61), s. 1 (a). On the 13th June, 1906, G. was injured by a collision with a tramcar in Belfast, and on the 30th July, 1906, he brought an action for damages for negligence against the defendants, who had taken over and were running the tramways in Belfast, under the provisions of 4 Edw. '1, c. ccxxix (Local and Personal). G. died on the 28th February, 1907, from the effect of the injuries, and, on the 11th April, 1907, his widow brought an action against the defendants on behalf of herself and her children, for damages for the death of her husband. The defendants pleaded that as Mrs. G.'s action had not been brought within six months from the alleged act of negligence, it was barred by the Public Authorities Protection Act, 1893 : Held (affirming the decision of the King's Bench Division), that, as the action was not brought within six months from the date of the accident, it was barred by section 1 of the Public Authorities Protection Act, 1893. _Held, also, that the defendants, in working the tramways under 4 Mw. 7, c. ccxxix, were dpublic authority within the meaning of the Public Authorities Protection Act, 1893. ON the 13th June, 1906, Bernard Gawley, the husband of the plaintiff, was injured by a collision with an electric tram-car in Belfast. The tramways in Belfast are the property of the defenÂdants. He brought an action for damages for negligence against the defendants, on 30th July, 1906, and laid the venue in Dublin. This action was ripe for trial in Hilary Sittings, 1907, when the defendants, on the 14th January, 1907, moved to change the venue to Belfast. The application was granted, and the action would have been tried at the Belfast Spring Assizes in March, 1907. On the 28th February, ;.1907, Bernard Gawley died from the effects of the injuries he sustained ; and the present action was (1) Before THE LORD CHANCELLOR, and FITZGIBBON and HOLMES, L.J.T. Vox,. II.] KING'S BENCH DIVISION. 35 brought on the 11th April, 1907, by Catherine Gawley, the Appeal. widow of Bernard Gawley, on behalf of herself and her three 1907. children, to recover damages for the death of her husband, who GAwL EY was a blacksmith, and was the sole support of his wife and BELFAST ELFA ST CORPORATION children. In addition to a traverse of the negligence, and a plea of conÂtributory negligence, the defendants pleaded that the matters complained of consisted of an alleged neglect or default in the execution of powers and duties conferred on the defendants as a public authority by the Belfast Corporation (Tramways) Act, 1904, and the action was not commenced within six months after the alleged acts, or neglect, or default complained of, and the plaintiff's cause of action was barred by the Public Authorities Protection Act, 1893. The plaintiff by her reply joined issue on this defence, and further pleaded that the plaintiff's action was commenced by her less than two months after the death of her said husband, who had instituted in his lifetime at a date less than six months after the negligence of the defendants complained of, and had pending at his death, an action against the defendants for the negligence which caused the injuries in consequence of which he afterwards died on the 28th February, 1907, and the plaintiff objected that the defence pleaded as to the Public Authorities Protection Act was not a good defence in law to the plaintiff's claim. The defendants on the 17th May, 1907, obtained an order to set down the case for hearing on the points of law raised in the pleadings in lieu of demurrer. The case was argued in the King's Bench Division before Palles, C.B., and Andrews, J. On the 18th June, 1907, the Court dismissed the action. The plaintiff appealed. D. M. Wilson, KC., and J. Cusack, for the appellant :— The order appealed from has dismissed the plaintiff's action with costs, and has necessarily decided that (1) Lord Campbell's 36 THE IRISH REPORTS. [1908. Appeal. Act (9 & 10 Viet. c. 93) has been impliedly repealed by the 1907. Public Authorities Protection Act in all cases where the death GLWLEY has been caused by any person acting in execution or intended BELFAST execution of any Act of Parliament, or of any public duty or CORPORATION authority, and has occurred more than six months after the injuries were inflicted, and (2) that the defendants were not merely as a matter of fact, but as a matter of law, acting in execution or intended execution of the Belfast Corporation (TramÂways) Act, 1904, when they inflicted the injuries on Bernard Gawley, from which he died on the 28th February, 1907. As to the first point, the deceased had, at the date of his death, an action pending for damages...

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5 cases
  • Appelbe v West Cork Board of Health
    • Ireland
    • Supreme Court (Irish Free State)
    • 15 November 1929
    ...the Supreme Court (Kennedy, C. J. and FitzGibbon, J.; Murnaghan, J, expressing no opinion on the point). Gawley v. Belfast Corporation, [1908] 2 I. R,. 34, followed; British Electric Railway Co., Ltd. v. Gentile,ELR [1914] A. C. 1034, distinguished. Plaintiff brought an action under the Fat......
  • Hayes v County Council of King's County
    • Ireland
    • King's Bench Division (Ireland)
    • 15 May 1917
    ...(2) 22 Q. B. D. 338. (3) [1899] P. 236. (4) [1899] 1 Ch. 1. (5) [1902] 2 Ch. 585. (6) [1904] 2 K. B. 501. (7) [1905] 2 K. B. 1. (8) [1908] 2 I. R. 34. (9) [1905] 1 K. B. (1) [1904] 2 Ch. 449. (2) [1916] 1 A. C. 242. (3) 113 L. T. R. 681. (4) [1915] 1 K. B.417. (1) [1904] 2 Ch. 449. (2) 107 ......
  • Bridget Walsh v Ballina Urban District Council
    • Ireland
    • Circuit Court
    • 1 January 1921
    ...months after the alleged wrongful act, neglect, or default complained of, and relied on the decision in Gawley v. Belfast Corporation, [1908] 2 I. R. 34. The judge found as a fact that the defendants were negligent:—Held, that the plaintiff was entitled to maintain the action. The plainti......
  • Carroll v Kildare County Council
    • Ireland
    • Supreme Court
    • 1 January 1950
    ...(3) [1905] 2 K. B. 1. (4) 67 J. P. 447. (5) [1920] 1 K. B. 155. (1) [1926] 1 K. B. 146. (2) 67 J. P. 447. (3) [1905] 1 K. B. 804. (4) [1908] 2 I. R. 34. (5) [1914] A. C. (6) [1926] 2 K. B. 227. (1) [1908] 2 I. R. 34. (2) [1905] 1 K. B. 804. (3) [1914] A. C. 1034. (4) 67 J. P. 447. (5) [1926......
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