McKnight v Armagh County Council

• Jurisdiction: Ireland
• Judgment Date: 28 February 1922
• Date: 28 February 1922
• Court: Court of Appeal (Irish Free State)

C. A., S. I., H. C. A. I.,

M'Knight

and

Armagh County Council

Smyth

and

Same

Attack by hostile force on police barrack - Counter attack by Crown forces -Neighbouring premises - Destroyed by order of commanding officer - Malice - Compensation -Grand Jury (Ireland) Act, 1836 (6 7 Wm. IV., c. 116), s. 135 - Local Government (Ireland) Act, 1898 (61 62 Vict., c. 37, s. 5.

An attack was made upon police barracks by a large hostile force. A mixed force of military, ordinary police, and special police came to the relief of the barracks. The relieving party on their arrival at once attacked, and in the course of the fight certain premises were set on fire, and destroyed by order of the military officer in command of the relieving force. The owner and tenant of the destroyed premises applied for compensation:—Held, by the High Court of Appeal for Ireland (reversing the Court of Appeal in Southern Ireland), that as the damage was done by the military in carrying out the lawful orders of the commanding officer, the necessary element of malice was eliminated, and compensation could not be recovered; also that the liability of the county was strictly limited by statute, and ought not to be extended beyond those limits. Per Sir John Ross, C.: The...