O'Sullivan and Another v Kerry County Council

• Jurisdiction: Ireland
• Judgment Date: 01 January 1954
• Date: 01 January 1954
• Court: Supreme Court

(S.C.),

Sullivan

and

Kerry County Council

Workman engaged on work on public road - Workman cycling towards home at recognised lunch-time break - Accident very close in time and space to place where working - Workmen's Compensation Act, 1934 (No. 9 of 1934), s. 15, sub-s. 1.

The applicant was employed by the respondents at cleaning the water-table and sides of a public roadway. He was one of a number of men under the supervision of one ganger. The group of men was divided into two lots, of which the largerlot were engaged in cleaning the sides and banks on the roadway, while the applicant and another workman were following after this lot of men and were using pick and hammer to complete the repair work. Stones and gravel taken from the roadside were being placed on the load surface. At the lunch-time break the applicant mounted his bicycle for the purpose of returning to his home for dinner. When he had covered a short distance of the roadway from where he was actually working and while on that part of the roadway which was the scene of the work of the group of men as...