Hassett v O'Loughlin

JurisdictionIreland
Judgment Date01 January 1944
Date01 January 1944
CourtCircuit Court
(Cir. Ct.),
Hassett
and
O'Loughlin

Object left on highway -Horse caused to shy - Damage resulting - Remoteness -Unusual danger - Negligence.

The placing of an object upon the highway which renders the use of the highway dangerous or unsafe to persons lawfully using it may amount to a nuisance. Brown v. The Eastern and Midlands Railway CompanyELR 22 Q. B. D. 391 followed.

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4 cases
  • O'Riordan v Clare County Council
    • Ireland
    • High Court
    • 21 May 2019
    ...there are obstructions placed on the road or features which make it dangerous to the public using the road. In Hassett v. O'Loughlin (1943) 78 ILTR 47, O'Briain J. in the Circuit Court stated that:- ‘A nuisance is not confined to an obstruction on the highway; it may consist of anything wh......
  • Edward O'Riordan v Clare County Council and Response Engineering Ltd
    • Ireland
    • Court of Appeal (Ireland)
    • 19 October 2021
    ...Public Nuisance 51 . Every danger on the highway is a public nuisance. As stated by His Honour Judge O'Briain in Hassett v. O'Loughlin [1943] 78 ILTR 47: “A nuisance is not confined to an obstruction on the highway; it may consist of anything which makes use of the highway unsafe or dangero......
  • P. & F. Sharpe Ltd v Dublin City and County Manager
    • Ireland
    • Supreme Court
    • 1 January 1989
    ...v. The Stardust Compensation Tribunal [1986] I.R. 642. Athlone Woollen Mills v. Athlone U.D.C. [1950] I.R. 1. Hassett v. O'Loughlin (1943) 78 I.L.T.R. 47. McDonald v. Feely and Dublin County Council (Unreported, High Court, Barrington J., 30th June, 1980). The State (Kenny) v. An Bord Plean......
  • O'Shaughnessy v Dublin City Council
    • Ireland
    • High Court
    • 20 December 2017
    ...38 It is settled law that even a small impediment on the public highway can constitute an actionable nuisance. In Hassett v. O'Loughlin [1943] 78 ILTR 47, O Briain J. stated:- 'A nuisance is not confined to an obstruction on the highway; it may consist of anything which makes the use of the......

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