Morgan v Galway Board of Health

• Jurisdiction: Ireland
• Judgment Date: 01 January 1943
• Date: 01 January 1943
• Court: Supreme Court

(S.C.),

Morgan

and

Galway Board of Health

Management of County Hospital - Statutory Regulations - Admission of patients other than poor persons to Hospital on payment of a small sum weekly -Whether Regulations constituted a contract by the Board to nurse patients admitted to Hospital -Injury to paying patient - Negligence of nurse in performance of her professional duties - Liability of Board of Health - Local Government (Temporary Provisions) Act, 1923 (No. 9 of 1923), ss. 1, 2, 5, Sch. I - Galway Central Hospital (Paying Patients) Regulations, 1928 - Galway County Scheme Order, 1923.

Under the "Galway County Scheme Order, 1923," made by the Minister for Local Government pursuant to the provisions of the Local Government (Temporary Provisions) Act, 1923, the Galway County Board of Health was established, entrusted with the administration of the relief of the poor in County Galway. The said Board provided a County Hospital at Galway (the Galway Central Hospital) for the necessitous poor, as directed by the said Order. The Board were authorised to admit persons other than poor persons to the hospital on payment of a small sum weekly, subject to Regulations approved by the said Minister. These Regulations were known as the Galway Central Hospital (Paying Patients) Regulations, 1928. The plaintiff was admitted as a paying patient to the hospital under the said Regulations. While in the hospital she was injured through the negligence of a nurse while performing her professional duties. She sued the Board of Health for damages in the Circuit Court, and obtained a decree for £40 damages. The Board of Health appealed, and the High...