McCarthy v Walsh

JurisdictionIreland
Judgment Date13 November 1965
Date13 November 1965
Docket Number(1962. No. 1941 P.)
CourtSupreme Court
(S.C.)
McCarthy
and
Walsh

Compensation for mental distress - Persons entitled - Test to be applied in assessing damages for mental distress - Civil Liability Act, 1961, ss. 47, 48, 49 (1) (a), (b).

The plaintiff, as personal representative of his deceased daughter, who was aged 16 years and had been employed as a shop assistant at the date of her death, brought an action on his own behalf and on behalf of his wife, the deceased's mother, and the deceased's infant brothers and sisters, against the defendant who, it was alleged, caused the deceased's death when there was a collision between his motor car and the deceased, who was knocked from her bicycle as a result of the collision. The jury found both the defendant and the deceased negligent—the former 90 per cent and the latter 10 per cent. The plaintiff and his wife were found to be the only dependants who had suffered injury resulting from the death of the deceased. Subsequently the trial Judge (Murnaghan J.), under the Civil Liability Act, 1961, s. 49, assessed damages for mental distress suffered by the plaintiff and his wife, ruling that they were the only dependants entitled to obtain damages for mental distress as they were the...

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4 cases
  • Wolohan v McDonnell
    • Ireland
    • High Court
    • March 26, 2020
    ...distress is especially sensitive, and should be performed by a judge in accordance with the principles laid down in McCarthy v. Walsh [1965] I.R. 246, rather than by the parties 54 I must admit that it is not immediately apparent to me, from a consideration of the wording of section 49(1),......
  • Pierson and Others v Keegan Quarries Ltd
    • Ireland
    • High Court
    • December 8, 2009
    ...UNREP HANNA 19.12.2008 2008/52/10987 2008 IEHC 449 COMHALTAS CEOLTEORI EIREANN, IN RE UNREP FINLAY 14.12.1977 1977/2/306 MCCARTHY v WALSH 1965 IR 246 O'KEEFE v BORD PLEANALA 1993 1 IR 39 AER RIANTA CPT v COMMISSIONER FOR AVIATION REGULATION UNREP O'SULLIVAN 16.01.2003 2003/1/141 PLANNING ......
  • Wee Care Ltd v Companies Registration Office
    • Ireland
    • Court of Appeal (Ireland)
    • October 2, 2020
    ...Parliament would legislate only for the purpose of bringing about an effective result.” 34 Reliance was also placed on McCarthy v Walsh [1965] I.R. 246, where Murnaghan J. considered an unclear provision and concluded that the likelihood of legislative desire for one potential outcome was s......
  • Dowling v Jedos Ltd
    • Ireland
    • Supreme Court
    • March 30, 1977
    ...£940 and the maximum permitted under the statute is £1,000. It has, however, already been pointed out in this Court inMcCarthy v. Walsh 1965 I.R. 246 that this figure of £1,000 is not to be regarded as being available only for the worst possible case and accordingly it would be incorrect to......

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