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...

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    ...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......
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