Monahan v McNamara

Judgment Date01 January 1925
Date01 January 1925
Docket Number(1924. No. 8302.)
CourtSupreme Court (Irish Free State)
S. C.,

Fit to be prosecuted in High Court -Action of tort - Personal injuries - Damages exceeding £300 - Courts of Justice Act, 1924 (No. 10 of 1924), ss. 25 and 48.

Plaintiff, a farmer's son, instituted an action in the High Court for assault, and claimed £500 damages. Defendant, who was also a farmer, applied to have the action transferred to the Circuit Court, that Court having jurisdiction in an action for tort when the claim does not exceed £300. In his affidavit in support of the application to transfer, defendant said that he had already been acquitted by a jury on a charge for the assault, and that he only struck the plaintiff in self-defence. In an affidavit resisting the application, a doctor described the plaintiff's injuries, which were of a serious character: —Held (reversing Murnaghan, J.), that the action ought not to be transferred to the Circuit...

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