Lennox-Conyngham v Louth County Council

• Jurisdiction: Ireland
• Judgment Date: 01 January 1958
• Date: 01 January 1958
• Court: Circuit Court

Cir. Ct.

Lennox-Conyngham

and

Louth County Council

Malicious Injuries (Ireland), Act, 1853, s. 1 -Unlawful assembly - Possession of explosives -Explosive Substances Act, 1883, s. 4 - Firearms Act, 1925, s. 2 - Trespass - Quasi-military campaign by illegal organisation - Circumstantial evidence - Damage to outhouse - Method of assessment of compensation - Reasonable amount.

In the early hours of the morning of 21st May, 1956, a substantial stone outhouse, situate near the land frontier between Eire and Northern Ireland was completely demolished by an explosion of great violence. Evidence was given at the hearing that the odour of gelignite had been detected after the explosion, that some military articles and two caps had been found in the debris, that it would require a very large amount of explosives to accomplish such a demolition, that nobody had permission to place explosives in or near the outhouse, and that a quasi-military campaign was being carried on by an illegal organisation within the vicinity of the Border. Expert evidence was given by a mining engineer that the gelignite stored in such an outhouse could be detonated (1) by human agency through accident in which case human remains should be found in the debris, but none were found; (2) by spontaneous "flow" of the gelignite itself with no person present. Held: (1) There...