Macauley Limerick County Council

JurisdictionIreland
Judgment Date14 January 1925
Date14 January 1925
CourtSupreme Court (Irish Free State)
Lynch v. Limerick Co. Council
In the MATTER of the WORKMEN'S COMPENSATION ACT, 1906, and in the MATTER of an Arbitration between MARTIN LYNCH
Applicant
THE COUNTY COUNCIL OF LIMERICK, Respondents (1)

Supreme Court.

Practice - Appeal - Workmen's Compensation Act, 1906 (6 Ed. 7, c. 58),Schedule II, Art. 4 - Appeal from award of compensation by Judge of Circuit Court - Jurisdiction of Supreme Court to hear appeal - Jurisdiction vested in Court of Appeal transferred to Supreme Court - Appeal to High Court - Whether award is a "judgment or order of the Circuit Court in a civil case" - Courts of Justice Act, 1924 (No. 10 of1924), sects. 18, 51, 61, and 63.

No appeal lies to the Supreme Court of the Irish Free State from an award made by a Judge of the Circuit Court under the Workmen's Compensation Act, 1906. 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.

Per Kennedy C.J.: The expression "civil cases" in sect. 61 of the Courts of Justice Act, 1924, is used in the wide and comprehensive sense of ordinary language, in contradistinction to criminal cases whereof one class only, namely, cases tried on indictment, is, by sect. 63, made the subject of appeal from the Circuit Court to the Court of Criminal Appeal.

Quaere whether there is not an appeal to two Judges of the High Court from a judgment or order of the Circuit Court in all civil cases, including matters in which the decisions of the former County Court, whose jurisdiction in respect thereof has been transferred to the Circuit Court, were final and conclusive, and subject to no appeal.

Appeal under the Workmen's Compensation Act, 1906. The appeal was 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 appeal was taken to the Supreme Court of the Irish Free State. Part I of the Courts of Justice Act, 1924 (No. 10 of 1924), which provides for the establishment of the Supreme Court, came into operation on the 5th day of June, 1924 (2).

Part II of the Act, which provides for the establishment of the Circuit Court, came into operation on the 11th day of June, 1924, in Dublin City and County, and came into operation on the 6th day of August, 1924, elsewhere in the Irish Free State. The award, the subject of the appeal, was, as stated, made by a Judge of the Circuit Court. Formerly, such awards were made by the Judges of the County Courts, but by sect. 51 of the Courts of Justice Act, 1924, there was transferred to the Circuit Court all jurisdiction (with certain exceptions not material for the purposes of this report) which, at the commencement of the Act, was vested in or capable of being exercised by Recorders and County Court Judges in the Irish Free State. The other material sections of the Courts of Justice Act, 1924, dealing with the transference of jurisdiction from the former Court of Appeal to the Supreme Court of the Irish Free State, and the jurisdiction conferred on the High Court to hear appeals from the Circuit Court, are set out in the course of the judgment of the Chief Justice.

Martin Lynch, the applicant, was engaged on June 28th, 1924, 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 the result of the injury, lost the sight of that eye. Formerly the applicant worked for the County Council at the quarries,

and was remunerated at the rate of thirty-six shillings a week. He had been only four days on piece work when the accident occurred. He was free any day to go to work, or to stay at home. On behalf of the County Council, evidence was given showing that the applicant was not controlled or directed by its officials. The stones 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...

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