Kielthy v Ascon Ltd
| Jurisdiction | Ireland |
| Judgment Date | 18 December 1970 |
| Date | 18 December 1970 |
| Docket Number | [1967. No. 532 P.] |
| Court | Supreme Court |
Building site - Means of access to employer's office on site - Unsafe route along top of wall - Workman found dead at foot of wall - Inference from facts - Juryman failing to attend second day of trial - Trial adjourned -Costs of second day - Statute - Interpretation -Rules of the Superior Courts, 1962 (S.I. No. 72 of 1962), Or. 99, r. 1 - Courts of Justice Act, 1924 (No. 10 of 1924), s. 95 - Juries Act, 1927 (No. 23 of 1927), s. 64 - Factories Act, 1955 (No. 10 of 1955), ss. 37, 88.
The plaintiff, who sued in the High Court on behalf of herself and other dependants of her deceased husband, claimed damages from the defendants for their alleged breach of statutory duty and negligence which, she claimed, had caused the death of her husband at a building site while in the employment of the defendants who were building contractors. At the trial...
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Edward O'Connor v Wexford County Council
...they have a safe system of work for the benefit of their employees.” 39 The second relevant quotation is from Kielthy v Ascon Limited [1970] IR 122 where Ó'Dálaigh CJ said (at 129):- “In my opinion if an employer offers without distinction a number of modes of access to the company's office......