Lynch v Fitzgerald and Others

• Jurisdiction: Ireland
• Judgment Date: 01 January 1937
• Date: 01 January 1937
• Court: High Court (Irish Free State)

[H. C., I.F.S.],

Lynch

and

Fitzgerald, Moore, Condon and Rodgers

Trial by - Constitution (Amendment No. 17) Act (No. 37 of 1931), s. 28 -Fatal Accidents Act, 1846 - Notice of trial -Rules of High Court and Supreme Court, 1926, Or. XVI, r. 1 - Courts of Justice Act, 1924, s. 94, as amended by the Courts of Justice Act, 1928, s. 20 - Jurisdiction - Garda Siochana.

By reason of the provisions of s. 28 of the Constitution (Amendment No. 17) Act, 1931, the High Court has no jurisdiction to grant a trial by jury to the plaintiff in an action under the Fatal Accidents Act, 1846, where the "act, neglect or default" referred to in s. 1 of the latter Act consists of an assault by a member of the Garda Siochana. Further, the defendant member of the Garda Siochana can, in such an...