Stewart v Governors, Saint Patrick's Hospital

JurisdictionIreland
CourtCircuit Court
Judgment Date01 Jan 1939
(Cir. Ct.),
Stewart
and
Governors, Saint Patrick's Hospital

Unfenced site adjoining -Disused gas pipe projecting from site close to highway - Dangerous thing - Occupier - Duty of, to persons using the highway.

The occupier of unfenced vacant land adjoining a highway is liable, as for a nuisance, to a person lawfully using the highway, for injuries caused to such person by a pipe projecting therefrom in close proximity to the highway.

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2 cases
  • O'Riordan v Clare County Council
    • Ireland
    • High Court
    • 21 May 2019
    ...the public footpath. Barr J. considered some of the case law (including Hassett and Stewart v. Governors of Saint Patrick's Hospital (1939) 73 ILTR 115) and observed that:- ‘It is settled law that even a small impediment on the public highway can constitute an actionable nuisance’ (per Bar......
  • O'Shaughnessy v Dublin City Council
    • Ireland
    • High Court
    • 20 December 2017
    ...was imposed on the defendant for placing a tiny heap of stones on the highway. In Stewart v. Governors of St. Patrick's Hospital 73 I.L.T.R. 115, it was held that the occupier, of unfenced vacant land adjoining a highway, was liable in nuisance to a person lawfully using the highway, for in......

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