Rodgers v Johnston

• Jurisdiction: Ireland
• Judgment Date: 04 November 1877
• Date: 04 November 1877
• Court: Common Pleas Division (Ireland)

Com. Pleas.

Before KEOGH and LAWSON, JJ.

RODGERS

and

JOHNSTON.

Practice — Remitting action of tort — 33 & 34 Vict. c. 109, s. 6 — 40 & 41 Vict. c. 56, s. 52.

442 THE IRISH REPORTS. [I. R. Exchequer. portioned to the length of time the lease had to run. I do not 1877. think the Judge should allow the jury to make use of all these METGE modes of arriving at a result in the same case. He should place KAVANAGH. these several modes before them, and leave them to select such one of them as they considered just, keeping in view all the facts bearing on the question they had to try. It is said the CHIEF BARON has in this case given the jury two tests, and that some of the jury may have selected one and some the other. I cannot say that what the CHIEF BARON has done has worked any injustice. It appears to me in this case the result must be the same, no matÂter which test was applied. It is sufficient for me to say that I cannot see that it would be different. Being of that opinion, I consider there was no misdirection, and the verdict accordingly must stand. I am very glad to be able to come to this conclusion; for as far as I can see, there never was a ease in which a defenÂdant had less right to complain. Cause shown allowed. Attorney for the Plaintiff : R. J. K. St. George. Attorney for the Defendant : Barrett. Com. Pleas. 1877. Nov. 4. RODGERS v. JOHNSTON (1). Practice-Remitting action of tort -33 34 Viet. c. 109, s. 6-40 Sf 41 Viet. c. 56, s. 52. An action by a servant, having no visible means, against his master to recover damages for the loss of an eye while at work in the Defendant's emÂployment, the only question being whether the injury was occasioned by accident, or by the Plaintiff's want of care, or by the Defendant's neglect to supply proper appliances for carrying on the work the Plaintiff was engaged in :-Hell, a fit case to be remitted to the Civil-bill Court. MoTIoN to remit to the Recorder of Belfast an action to recover £400 damages for injuries alleged to have been done to the PlainÂtiff by the bursting of a bottle, while engaged in the employment of the Defendant as a'bottler of mineral waters. (1) Before KEOGH and LAWSON, JJ. The Defendant made an affidavit in support of the motion, Com. Pleas. stating that the Plaintiff had no visible means of paying costs ; 1877. that the injuries sustained were purely the result of accident ; that RODGERS V. they would not have happened if the Plaintiff had used a certain 3. _ OHNSTON...