Lynch v Limerick County Council

CourtHigh Court (Irish Free State)
Judgment Date21 January 1926
Date21 January 1926

High Court.

Lynch v. Limerick Co. Council.

Workmen's compensation - Appeal from award made by Judge of Circuit Court - Notice of appeal - Principles of appeal - Limited to questions of law - Appeal on official stenographer's report - Admission of additional evidence - Workman employed by County Council at weekly wage for portion of year - Working on roads under scheme for direct labour - Working in quarry for remainder of year - No obligation to go to work in quarry - Payment by measurement of stones broken - Control by County Council - Workmen's Compensation Act, 1906 (6 Ed. 7, c. 58),sect. 13, Sch. II, Art. 4 - Courts of Justice Act, 1924 (No. 10 of 1924),sects. 51 and 61.

Appeal, under the Workmen's Compensation Act, 1906.

The appeal was brought by the Limerick County Council from an award made by the Circuit Court Judge of Limerick, Judge M'Elligott K.C., dated October 29th, 1924, granting the applicant compensation under the Workmen's Compensation Act, 1906.

The appellants in the first instance took their appeal to the Supreme Court, and that Court held that it had no jurisdiction on an appeal from an award made by a Judge of the Circuit Court under the Workmen's Compensation Act, 1906. The Supreme Court held that the appeal lies to two Judges of the High Court under sect. 61 of the Courts of Justice Act, 1924, as such an award is a "judgment or order of the Circuit Court in a civil case" within the meaning of that section (2).

Martin Lynch, the applicant, was engaged on June 28th, 1924, in breaking stones for the Limerick County Council. He was paid at the rate of three shillings per yard for the stones broken. He supplied his own tools. Whilst engaged at this work he was struck with a sprawl in the left eye, and had, as a result of the injury, lost the sight of that eye. The applicant worked for about nine months of the year on road work under a scheme of the Limerick County Council, and was paid by them at the rate of thirty-six shillings a week for that work. It had been customary for him to do piece work in a quarry for the County Council during the summer months for about twenty-one or twenty-two years. He had only been four days on piece work when the accident occurred. The quarry in which he was working belonged to a man named Potter, and the evidence was not clear as to the relations between Potter and the County Council. The applicant was free any day to go to work or not. On behalf of the County Council, evidence was given showing that the applicant was not controlled or directed by its officials. But the stones—to be accepted—had to be broken to a particular size, and a report to that effect had to be sent by the surfaceman to the foreman of the County Council. One of the County Council's...

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