Mahon v Celbridge Spinning Company Ltd

JurisdictionIreland
CourtSupreme Court
Judgment Date24 January 1967
Date24 January 1967

Supreme Court.

Mahon v. Celbridge Spinning Co. Ltd.
WILLIAM MAHON
and
THE CELBRIDGE SPINNING CO. LTD (1).

Practice - Pleadings - Contributory negligence - Whether plaintiff entitled to particulars of contributory negligence pleaded by defendant - Rules of the Superior Courts, 1962 (S.I. No. 72 of 1962) Or. 19, rr. 3, 6 - Civil Liability Act, 1961 (No. 41 of 1961), s. 34.

Appeal from the High Court.

Motion by the plaintiff, William Mahon, for an order pursuant to Order 19, r. 6, of the Rules of the Superior Courts, 1962, directing the defendants to furnish further and better particulars of the contributory negligence pleaded in their defence to the plaintiff's c]aim for damages for personal injuries suffered by the plaintiff by reason of the alleged negligence of the defendants. The facts are set out in the judgment of FitzGerald J., post.

In the High Court, Murnaghan J. dismissed the motion for the reasons stated in Martin v. Ford(2). The plaintiff appealed to the Supreme Court.

The tests applicable to the determination of a plaintiff's motion for further and better particulars of a defendant's plea of contributory negligence are the same as those applicable to the determination of motions for particulars of any other pleading.

So held by the Supreme Court.

Martin v. FordIR [1965] I.R. 42 overruled.

Cur. adv. vult.

Haugh J. :—

I concur with the judgment about to be delivered by Mr. Justice FitzGerald.

Walsh J. :—

I also concur with the judgment of Mr. Justice FitzGerald.

FitzGerald J. :—

This is an action in which the plaintiff claims damages for personal injuries which he alleges were sustained by him as a result of the negligence of the defendants. It is alleged by the plaintiff, William Mahon, in his statement of claim delivered on the 3rd June, 1965, that he was injured ill an

accident which occurred on the 9th May, 1964, when, in the course of his work with the defendants, he fell from a step ladder while working on their premises at Celbridge in the County Kildare. He alleges that the fall from the ladder upon which he was working was caused by its being struck by a single ladder being used by another employee and which he alleges was defective as being unsuitable and without adequate means or precautions to prevent or to secure it from slipping, or its being improperly placed, and that the defendants' system of work was unsafe. The defendants in their defence, delivered on the 17th February, 1966, traversed the various allegations made by the plaintiff in his statement of claim, pleaded that the plaintiff was...

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