Moynihan v Greensmyth

JurisdictionIreland
Judgment Date17 June 1977
Date17 June 1977
Docket Number[1969 No. 2136 P]
CourtSupreme Court
(S.C.)
Moynihan
and
Greensmyth

Disability -Infant plaintiff - Negligence of deceased motorist - Survival of cause of action - Plaintiff's claim barred - Personal rights - Property rights -Civil Liability Act, 1961 (No. 41), ss. 8, 9 -Constitution of Ireland, 1937, Article 40.

In regard to actions for damages for negligence where the damages claimed include damages for personal injuries, it is enacted by s. 11, sub-s. 2(b), of the Statute of Limitations, 1957, that (subject to s. 49) an action shall not be brought after three years from the date on which the right of action accrued. Sub-paragraph (i) of sub-s. 2(a) of s. 49 enacts that where a person is under a disability (including infancy) on the date when such right of action accrued to him, the action may be brought at any time before the expiration of three years from the date when he ceased to be under the disability of died, whichever first occurs. Section 9, sub-s. 2, of the Civil Liability Act, 1961, provides, inter alia, that no proceedings shall be maintainable in respect of any cause of action whatsoever which has survived against the estate of a deceased person unless either (a) proceedings against him in respect of that cause of action were commenced within the relevant period and were pending at the date of his death, or (b) proceedings are commenced in respect of that cause of action within the relevant period or within the period of two years after his death, whichever period first expires. On the 6th August, 1966, a motor car driven by W.G. collided with part of a bridge at the side of the road on which it was travelling, and W.G. was killed. The plaintiff, then aged 16 years, was a passenger in the car and was injured in the accident, which was caused by the negligence of W.G. On the 5th August, 1969, the plaintiff (suing by her next friend) instituted an action in the High Court and claimed damages from the defendant in his capacity as personal representative of W.G. The defendant pleaded that the plaintiff's claim was barred by s. 9 of the Act of 1961, to which the plaintiff replied that s. 9 of that Act was invalid having regard to the provisions of Article 40, s. 3 of...

To continue reading

Request your trial
51 cases
  • Tuohy v Courtney
    • Ireland
    • High Court
    • 26 July 1994
    ...1983 ILRM 156 BRADY V DONEGAL CO COUNCIL 1989 ILRM 252 NORRIS V AG 1984 IR 36 HEGARTY V O'LOUGHRAN 1990 1 IR 148 MOYNIHAN V GREENSMYTH 1977 IR 55 RYAN V IRELAND & AG 1989 ILRM 544 DREHER V IRISH LAND COMMISSION 1984 ILRM 94 O'CALLAGHAN V COMMISSIONERS OF PUBLIC WORKS 1985 ILRM 364 O'BRIEN......
  • Hand v Dublin Corporation
    • Ireland
    • Supreme Court
    • 7 March 1991
    ...UNREP SUPREME 23.1.81 1981/6/966 PRICES (AMDT) ACT 1972 S8 CONSTITUTION ART 40.3.1 AG V PAPERLINK LTD 1984 ILRM 373 MOYNIHAN V GREENSMITH 1977 IR 55 ROAD TRAFFIC ACT 19611961 PART 111 ROAD TRAFFIC ACT 19611961 SCHED 11 CONSTITUTION ART 40.3 Synopsis: CONSTITUTION Personal rights Livelihoo......
  • Keane v Western Health Board and Another
    • Ireland
    • High Court
    • 22 November 2006
    ...LIABILITY ACT 1961 S9(2) CIVIL LIABILITY ACT 1961 S9(2)(b) CIVIL LIABILITY ACT 1961 S8 CIVIL LIABILITY ACT 1961 S9 MOYNIHAN v GREENSMYTH 1977 IR 55 STATUTE OF LIMITATIONS 1957 S2(b) O'BRIEN v KEOGH 1972 IR 144 FOLEY v IRISH LAND COMMISSION 1952 IR 118 AG v SOUTHERN INDUSTRIAL TRUST LTD 196......
  • McCullough v Ireland
    • Ireland
    • High Court
    • 16 March 1989
    ...FORDEFENCE Citations: CIVIL LIABILITY ACT 1961 S48(6) CIVIL LIABILITY ACT 1961 S48 CIVIL LIABILITY ACT 1961 S7 MOYNIHAN V GREENSMYTH 1977 IR 55 CIVIL LIABILITY ACT 1961 S9(2) RSC O.15 r13 RSC O.15 r14 Synopsis: LIMITATION OF ACTIONS Parties Substitution - Plaintiff - Personal injury - Acti......
  • Request a trial to view additional results
1 books & journal articles

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