Kirby and Another v Kerry County Council

• Jurisdiction: Ireland
• Court: Court of Appeal (Ireland)
• Judgment Date: 08 June 1921
• Date: 08 June 1921

Appeal.

Kirby v. Kerry Co. Council.

KIRBY and Another

and

KERRY COUNTY COUNCIL (1)

Malicious injury - Premises burglariously broken into - Goods selected and

stolen - Other goods damaged - Compensation.

Case Stated by Molony C.J. at the Kerry Spring Assizes, 1921, under the provisions of sect. 5 of the Local Government (Ireland) Act, 1898.

The case stated was as follows:—

1. The applicants in this case claimed to recover the sum of £1,900 9s. 4d. compensation for malicious injuries sustained by them in having their drapery premises at Tralee, in the county of Kerry, broken into and damaged, and a large quantity of goods destroyed and taken away.

2. The case was heard before the County Court Judge at Tralee on the 11th January, 1921, and he awarded the sum of £312 in respect of the damages done to the premises and to goods, but he refused compensation in respect of the property taken away.

3. The applicants appealed to the Judge of Assize, and the case came before me at the Munster Spring Assizes, 1921. I held that the County Court Judge was right, and affirmed his decree, but on the application of the applicants agreed to state a case for the opinion of this Court.

4. The applicants carry on business at Tralee as general drapers, and on the 15th November, 1920, a number of persons

broke into their shop, stayed there for a long time, tossed about a certain amount of stock in the shop in making a selection, and having selected articles of considerable value carried them away in lorries.

6. Thomas Kirby, one of the applicants, was examined on their behalf. He lives over a chemist's shop some distance away from his own shop, but in view of the...