Henry v The Blackrock Township Commissioners and Pluck

• Jurisdiction: Ireland
• Judgment Date: 20 November 1877
• Date: 20 November 1877
• Court: Common Pleas Division (Ireland)

Com. Pleas.

HENRY

and

THE BLACKROCK TOWNSHIP COMMISSIONERS AND PLUCK.

Poulsum v. ThirstELR L. R. 2 C. P. 449.

Stowe, petr. Jolliffe, resp.ELR L. R. 9 C. P. 446.

Davis v. Curling 8 Q. B. 286.

Mason v. The Birkenhead Improvement CommissionersENR 6 H. & N. 72.

Beaver v. The Mayor of ManchesterENR 8 E. & B. 44.

Whatman v. PearsonELR L. R. 3 C. P. 422.

Murray v. M'SwineyUNKUNK Ir. R. 9 C. L. 545. [And see Geddis v. bann Reservior Company, Ir. R. 11 C. L. 160, Ex. Ch.].

Negligence — Town Commissioners —

50C* upon their informing us that the bulk in that case was within the Com. Pleas. prescribed limits, we affirmed the decision of the magistrates. The 1877 . Brecon Case seems to have been decided on the same point, and. TOWN COMSIRS. OP the section of the Act of Parliament itself seems to have contem- NEWTOWN plated that the bulk of the article sold should be substantially within the prescribed limits of the town at the time of sale ; otherÂwise, as has been well pointed out by Mr. Overend in his clear argument, a number of anomalies would occur. He has referred to some of them, and many have occurred to us. The common law is strong enough to put down any fraud that may be attempted. to be perpetrated on the market, for the aggrieved party can always have his action on the case, which can supply him with his required remedy. For these reasons, we will affirm the decision of the magistrates with costs. . Order accordingly. Attorney for the Justices : D. O'Rorke. Attorney for Woods : H. W. Seeds. HENRY v. THE BLACKROCK TOWNSHIP COMMIS SIONERS AND PLUCK. Negligence-Town Commissioners-Towns Improvement (Ireland), Act, 1854. To an action against Town Commissioners for negligently making a trench whereby the Plaintiff's land and house were deprived of support and injured, they pleaded that they did the acts complained of under " The Towns ImproveÂment (Ireland), Act, 1854," incorporated with their Special Act :-Held, a sufficient answer. THE PLAINTIFF complained that, through the negligence of the Defendants in making a trench in land affording lateral support to the Plaintiff's land it gave way, and it and houses thereon were injured ; and for the same cause complained. of injury to his reÂversion. In answer, the Defendants pleaded that they were incorporated by "The Blackrock Township Act, 1863," in which was incorpoÂrated " The Towns Improvement (Ireland) Act, 1854," and that THE IRISH REPORTS. [I. It. they did the acts complained of...