McNamara v Electricity Supply Board

JurisdictionIreland
Judgment Date01 January 1975
Date01 January 1975
Docket Number[1965. No. 1745 P.]
CourtSupreme Court
(S.C.)
McNamara
and
Electricity Supply Board

Child - Electricity Sub-station - Allurement - Adjoining housing estate - Damages - Statutory duty - Electricity Regulations, 1932 (S.R. O. No. 7), art. 30 -Factories Act, 1955 (No. 10), ss. 8, 71.

The defendants were the occupiers of an electricity sub-station in an urban area. The sub-station was surrounded by a chain-link wire fence on which were placed numerous notices which gave warning of danger. The defendants became aware of the fact that local children were in the habit of playing in the immediate vicinity of the sub-station and the defendants started to build a wall around the sub-station. In the course of the building of the wall, the defendants placed part of the fence close to the sub-station. The plaintiff, a boy aged 11 years, climbed the fence at this point and from the top of it reached the flat roof of the sub-station across a gap of less than three feet. In order to descend to the ground, the...

To continue reading

Request your trial
29 cases
  • Fitzsimons v Telecom Éireann
    • Ireland
    • High Court
    • 1 January 1991
    ...FITZSIMONS .v. BORD TELECOM EIREANN AND THE ELECTRICITY SUPPLY BOARD Citations: KELLY V ST LAURENCES HOSPITAL 1988 IR 402 MCNAMARA V CIE 1975 IR 1 HUGHES V LORD ADVOCATE 1963 1 AER 705 SMITH V LITTLEWOODS 1987 1 AER 710 CONOLE V REDBANK OYSTER CO 1976 IR 191 GALLAGHER V ELECTRICITY SUPPLY......
  • Keane v Electricity Supply Board
    • Ireland
    • Supreme Court
    • 1 January 1981
    ...the plaintiff to take reasonable steps to avert injury to him occasioned by that source of danger. McNamarav. Electricity Supply BoardIR [1975] I.R. 1 applied. 2. (O'Higgins C.J. dissenting) That the evidence at the trial established that the defendants had taken reasonable steps to avert s......
  • RALEIGH v Iarnród Éireann (IRISH RAIL)
    • Ireland
    • High Court
    • 19 December 2003
    ... ... Athlone UDC ( 1968 I.R.at p 205 ) and the case of McNamara v. The Electricity Supply Board ( 1975 I.R. at p. 1 ) and endorsed by ... ...
  • Ashmore v Dublin Land Securities
    • Ireland
    • Circuit Court
    • 14 January 2003
    ...was not disputed in this case that the plaintiff was lawfully on the premises and in view of the Supreme Court decision inMcNamara v. ESB [1975] I. R. 1 which held that the duty of the occupier at that time to trespassers was to take reasonable care, I am of the view that the extent of duty......
  • Request a trial to view additional results
1 books & journal articles
  • Recent developments in the law of torts
    • Ireland
    • Irish Judicial Studies Journal No. 1-4, January 2004
    • 1 January 2004
    ...there was no intention to downgrade the legal status of such an entrant. The Act was primarily introduced to reverse McNamara v. E.S.B. [1975] I.R. 1 in respect of trespassers, and to create a new category for 75 Circuit Court, unreported, His Honour Judge McMahon, 17 October 2001. Judicial......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT