Stewart v Governors, Saint Patrick's Hospital
| Jurisdiction | Ireland |
| Court | Circuit Court |
| Judgment Date | 01 January 1939 |
| Date | 01 January 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
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O'Riordan v Clare County Council
...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......
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O'Shaughnessy v Dublin City Council
...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......