O'Mahony v Henry Ford and Son Ltd

• Jurisdiction: Ireland
• Judgment Date: 01 January 1963
• Date: 01 January 1963
• Court: Supreme Court

(S.C.)

O'Mahony

and

Henry Ford and Son Ltd

Workman found to be suffering from scirrhus carcinoma of breast - Causation of disease - Whether disease attributable to system of work - Injury not reasonably foreseeable.

The plaintiff, who was employed by the defendants as a rivetter and assembly operator, in the course of his work operated a rivetting machine (called a "dolly bar") and driller, both of which caused vibration against his chest. He complained of soreness and a slight swelling in the breast but did not suffer from any bruising or other physical injury. He was found to be suffering from scirrhus carcinoma of the left breast. The plaintiff claimed damages against the defendants for personal injuries alleged to have been received as a result of their negligence and breach of duty and their failure to maintain a safe system of work. An application by the defendants for a direction having been refused the trial Judge left one question to the jury: —"Were the defendants negligent?" The jury failed to agree and were discharged without bringing in a verdict. The defendants appealed to the Supreme Court. Held by the Supreme Court (Lavery and Ó Dálaigh JJ.; Maguire C.J. dissenting) allowing the appeal, that the trial Judge should have withdrawn the case from the...