Lynch v Fitzgerald and Others

• Jurisdiction: Ireland
• Court: Supreme Court (Irish Free State)
• Judgment Date: 30 July 1938
• Date: 30 July 1938

S. C., I.F.S.]

Lynch

and

Fitzgerald and others

- Suppression by force - Armed forces of State - Use of firearms - Firing at civilians -Principles governing us of firearms - Whether firing necessary as a last resort.

The plaintiff claimed damages under the Fatal Accidents Act, 1846, for the death of his son, who was killed at Marsh's Yard, Copley Street, Cork, by a bullet fired by one of a group of detectives of the Special Branch of the Civic Guards which included three of the defendants, Moore, Condon and Rogers. The fourth defendant was a Chief Superintendent of the Civic Guards who was in charge of the Civic Guards at Cork. In view of a threatened demonstration against a sale by the sheriff of cattle seized under a warrant from the Irish Land Commission a force of about 200 Guards with about 12 armed detectives was placed outside the yard, and 40 Guards, including 10 ordinary detectives, were placed inside...