Horgan v Buckley (No. 2)

• Jurisdiction: Ireland
• Judgment Date: 01 January 1938
• Date: 01 January 1938
• Court: Supreme Court

[S. C., I.F.S.]

Horgan

and

Buckley (No. 2)

Claim for damages under Fatal Accidents Act, 1846 -Application for a new trial - Action already tried twice - Jury's award of damages at first trial having been set aside as excessive - Reduced total amount awarded at second trial - Same sums apportioned at both trials to each of the two children of the deceased Setting aside jury's assessment and apportionment - Whether the sums awarded by the jury are separate verdicts -9 10 Vict., c. 93, ss. 1 and 3.

The plaintiff brought an action under the Fatal Accidents Act on behalf of herself and her two infant children, claiming damages in respect of the death of her husband. The action was tried by a Judge and jury and the jury assessed damages at £750 of which they apportioned £150 for the plaintiff and £300 for each of the children. On the application of the defendants the award of damages was set aside as excessive by the Supreme Court and a new trial directed on the issue of damages (reported [1938] I. R. 115). At the second trial the jury awarded damages which the assessed at £700, of which they apportioned £100 for the plaintiff and £300 for each of the children, thus awarding to the plaintiff a lesser sum than was awarded to her at the first trial, and to each of the two children the same sum. The defendants applied for another new trial on the ground that the damages were excessive. Held, by the Supreme Court (Sullivan, C. J., Meredith and Geoghegan, JJ., FitzGibbon and Murnaghan, JJ., dissenting) that the application must be refuse. Sullivan, C.J., was not satisfied that the evidence as to pecuniary loss suffered by the children was identical at each trial; but, without basing his judgment on the ground that there was any substantial difference in the evidence...