O'Sullivan v O'Connor

• Jurisdiction: Ireland
• Judgment Date: 01 January 1980
• Date: 01 January 1980
• Court: Circuit Court

(Cir. Ct.)

O'Sullivan

and

O'Connor

Action for overstint - Common pasturage - Stint of pasture - Plaintiffs entitled at the rate of ten collop - Defendant entitled to five collop - Overstint by defendant - Damages and injunction.

Where the plaintiffs and the defendant were entitled to grazing rights on a mountain the stint of which was ten collop for the plaintiff and five for the defendant and where it was proved to the satisfaction of the Court that the defendant unlawfully kept an overstint, on an average, of thirty sheep (or five extra collop) on the mountain for a period of years whereby the plaintiffs' sheep were deprived of certain grazing resulting in loss to the plaintiffs, it was Held that the plaintiffs were entitled to: —(i) a declaration that the defendant was entitled to graze five collop only on the mountain; (ii) a declaration that the defendant was guilty of overstint on the mountain and that he had converted...