Keegan v Dawson

• Jurisdiction: Ireland
• Judgment Date: 06 April 1934
• Date: 06 April 1934
• Court: Supreme Court (Irish Free State)

H. C., S. C., I.F.S.

Keegan

and

Dawson

Accident arising outside the territorial limits of Irish Free State - Contract of service entered into in Irish Free State - Employer and workmen ordinarily resident and domiciled in Irish Free State -Right of injured workman recover compensation -Workmen's Compensation Act, 1906 (6 Ed. 7, c. 58), s. 1 (1), s. 7 - Constitution of the Irish Free State (Saorstat Eireann) Act, 1922 (No. 1 of 1922), Sch. 1, Art. 73.

A workman is entitled to claim compensation in the Irish Free State under the Workmen's Compensation Act, 1906, where both he and his employer are resident and domiciled in the Irish Free State and the contract of service as made, and the service was substantially to be performed in, the Irish Free State, although the accident in, respect of which the claim arises occurred outside the territorial limits of the Irish Free State. So held by the Supreme Court (Kennedy, C.J., FitzGibbon and Murnaghan J.J.), reversing the High Court; Murnaghan, J., limiting the right to accidents occurring within the area of the former United Kingdom, holding that that was the scope of the Act prior to the coming into operation of the Constitution of the Irish Free State, and Art. 73 of the Constitution, which continued the Act in force in the Irish Free State, did not...