Kerr v Ulster Fireclay Works Ltd

• Jurisdiction: Ireland
• Judgment Date: 01 January 1964
• Date: 01 January 1964
• Court: Court of Appeal (Ireland)

(C.A.)

Kerr

and

Ulster Fireclay Works Ltd

Assessment by jury -Interference by appellate court.

The plaintiff, a youth of about sixteen years, sustained injuries to his left hand while at work, and brought an action for damages against his employer. Liability was admitted and, at the trial before Black L.J. and a jury, the only issue was the amount of damages to be awarded. It was agreed between the parties that the plaintiff had sustained special damage by way of loss of wages amounting to £116: and the award of the jury was £200. The injuries sustained by the plaintiff involved the loss of part of the tip of the little finger, and resulted in a limitation of the movement of both the middle and ring fingers, which displayed a noticeable permanent bending. The plaintiff spent two periods in hospital, the first being just over two weeks immediately after the accident and the other about six months later when he returned to have a skin grafting operation. He resumed work just over one year after the accident...