Keegan v Owens and Others

• Jurisdiction: Ireland
• Judgment Date: 27 February 1953
• Date: 27 February 1953
• Court: Supreme Court

Keegan v. Owens

PATRICK KEEGAN

Plaintiff

and

ELIZABETH OWENS, known in religion as Mother Xavier

MARY CONSTANCE WARD, known in religion as Mother Joseph, and MICHAEL McMAHON,trading as "McMahon's Amusements,"Defendants (1)

Supreme Court

Master and servant - Negligence - Injury to workman - Liability - Carnival promoted by nuns to raise funds - Carnival held in field loaned to nuns for that purpose - Lay committee and stewards - Nuns taking no active part in actual running of carnival - Whether carnival managed and controlled by nuns or by committee and stewards - Whether committee and stewards agents of nuns - Evidence - Plaintiff workman in general employment of nuns requested by nun to help at carnival and directed by steward to assist at swing-boats - Personal injuries sustained while assisting at swing-boats - Whether workman in employment of nuns for particular purpose on which he was engaged at time of accident - Invitee - Whether nuns occupiers of field in which carnival was held - Liability of nuns to workman - Liability of supplier of swing-boats.

A carnival, promoted by the Sisters of Saint Louis, Kiltimagh, for the purpose of raising funds, was held in a field loaned to the nuns for this purpose. Prior to, and in preparation for, the carnival, meetings were held in the convent which were attended by local citizens, one of the nuns acting as secretary. A committee was formed and stewards were appointed and various suggestions were made and considered in connection with the running of the carnival. The carnival was duly held. Certain amusements were supplied on hire by McM., who carried on the business of providing mechanical contrivances for public amusement. The plaintiff, who was employed by the nuns as a farm labourer and whose normal working hours were from 8 a.m. to 6 p.m., at the request of one of the nuns helped at the carnival on its last night. At the direction of a steward the plaintiff attended at the site of some small swing-boats, and, in attempting to stop one of the swing-boats, he sustained injuries to his hand from a protruding wire nail. There was no lever or other appliance provided for stopping the swing-boat. In an action against the nuns and McM. for damages for negligence and breach of duty, the trial Judge, at the conclusion of the plaintiff's case, directed a verdict for the defendants on the ground that there was no evidence upon which the jury could find in favour of the plaintiff and entered judgment accordingly. On appeal by the plaintiff it was

Held by the Supreme Court 1, that in the circumstances of the case the only reasonable inference from the evidence was that the carnival was carried on managed and controlled by the carnival committee and stewards and it would not be competent for a jury to hold that the nuns took any part in the management and control thereof or that the committee and stewards were agents of the nuns.

2, That when the plaintiff reported to the steward in charge he passed, for the time being, out of the control of the nuns and into that of the committee or other person who ran and managed the carnival and, therefore, at the time of the accident the nuns were not the employers of the plaintiff and owed no duty to him to see that the machinery and appliances were safe and adequate.

3, That on the evidence the nuns were not occupiers of the field in which the carnival was held and that they therefore owed no duty to the plaintiff as an invitee.

4, That McM., as the owner of the "amusements," owed a duty to the

plaintiff and there was evidence from which the jury might properly have found that he failed in that duty.

The Supreme Court accordingly dismissed the appeal against the judgment entered in the High Court in favour of the nuns and allowed the appeal against the judgment entered in favour of McM. and directed a new trial against that defendant.

Wilsons and Clyde Coal Co. v. English [1938] A. C. 57 and Indermaurv. DamesL. R. 1 C. P. 274, discussed.

Appeal from the High Court.

The plaintiff, Patrick Keegan, sued the defendants for damages for personal injuries sustained by him by reason of the alleged negligence and breach of duty of the defendants and each of them and their respective agents and servants, at Kiltimagh, County Mayo, on the 28th April, 1949. The facts are summarised in the headnote and appear fully from the judgment of Mr. Justice O'Byrne, post. At the trial, the trial Judge (Haugh J.) acceded to an application for a direction on behalf of the...