The County Council of The County of Cavan and The Bailieborough Rural District Council v Kane, Brothers

JurisdictionIreland
CourtCourt of Appeal (Ireland)
Date17 November 1911

THE COUNTY COUNCIL OF THE COUNTY OF CAVAN AND THE BAILIEBOROUGH RURAL DISTRICT COUNCIL
and

KANE, BROTHERS

Appeal.

Highway — Locomotive — Traction-engine — Excessive weight — Injury to highway — Nuisance — Special damage — Road authority — Right of, to sue — Practice — Appeal —— Enlarging time — Mistake — Bona fide intention to appeal.

Clements v. County Council of TyroneIR [1905] 2 I. R. 415, 542.

Guardians Armagh Union v. BellIR [1900] 2 I. R. 371, 383.

In the Arbitration War Department and SmithUNK Unreported, April 23, 1900.

International Financial Society v. City of Moscow Gas Co.ELR 7 Ch. D. 241.

Re HelsbyELR [1894] 1 Q. B. 142.

250 THE IRISH REPORTS. [1913. Appeal. 1911. THE COUNTY COUNCIL OF THE COUNTY OF CAVAN Nov. 17. AND THE BAILIEBOROUGH RURAL DISTRICT COUNCIL v. KANE, BROTHERS (1). Highway—Locomotive—Traction-engine—Excessive weight—Injury to highÂway—Nuisance—Special damage—Road authority—Right of, to sueÂPractice—Appeal—Orders (1905) LVIII, R. 15 ; R. 7—Enlarging time—Alistake—Bona fide intention to appeal. The use of a traction-engine which, by reason of its excessive weight does substantial and abnormal damage to a public road, adequate for ordinary traffic, is a public nuisance, even though the engine be constructed in comÂpliance with the provisions of the Locomotive Acts, 1861 and 1865. In such a case the duty cast upon a county council to repair such damage, and the liability of a district council to provide the funds for such repair, amounts to special damage, so as to make the owner of the traction-engine civilly liable at the suit of both bodies, suing jointly, for the cost of repairing the road. Semble, such an action could be maintained by either body suing alone. Where the unsuccessful party in a case stated under 27 & 28 Viet. c. 99, bona fide intended to appeal, to the knowledge of the opposite party, but fell into the mistake, shared by the opposite party, that the order was one from which an appeal could be taken within a year, and the position of the parties was unchanged; the Court of Appeal extended the time for appealing under Order LXIV, Rule 7. MOTION on behalf of the defendants for an extension of time for appealing from the order of the King's Bench Division, dated 21st June, 1910: see [1910] 2 I. IL 644, where the hearing in that Division is reported. Notice of appeal had been served on the 21st June, 1911, but this was, as now admitted, too late. The present...

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6 cases
  • Tevlin v Lisnaskea Rural District Council
    • Ireland
    • King's Bench Division (Ireland)
    • 25 June 1913
    ...(Schofield) v. Dunmanway Rural District Council 47 I L. T. R. 11. Cairncross v. LorimerUNK 3 Macq. 827. Cavan country Council v. KaneIR [1913] 2 I. R. 250, at p. 253. Clements v. Tyrone County CouncilIR [1905] 2 I. R. 415. 542. Couch v. SteelENR 3 E. & B. 402. Davis v. Bromley CorporationEL......
  • The Clare County Council v William Wilson, David Wilson, and Adam Wilson, Trading as Adam Wilson and Sons
    • Ireland
    • King's Bench Division (Ireland)
    • 17 December 1912
    ......B. D. 78. Billericay Rural Council v. Poplar Union and KeelingELRELR [1911] ...ArnottELR 2 C. P. D. 24. Cavan County Council v. Kane Reported in K. B. D. in ...230. Epsom Urban District Council v. London County CouncilELR [1900] 2 Q. ..., and this Court, consisting of my brothers Kenny and Wright and myself, made no rule on the ......
  • Eire Continental Trading Company Ltd v Clonmel Foods Ltd
    • Ireland
    • Supreme Court
    • 11 November 1955
    ...Kingsmill Moore J. :— I agree. (1) Before Maguire C.J. , Murnaghan , O'Byrne , Lavery and Kingsmill Moore JJ. (1) [1930] I. R. 560. (1) [1913] 2 I. R. 250. (2) 37 I. L. T. R. (3) [1930] I. R. 560. (4) [1939] 1 Ch. 841. (1) [1913] 2 I. R. 250. (2) 37 I. L. T. R. 233. (3) [1935] Ir. Jur. Rep.......
  • Kildare County Council v Hamwood Estates Ltd & Red House Filling Station Ltd
    • Ireland
    • High Court
    • 1 January 1956
    ...the intervention or joinder of the Attorney-General as representing the public: Cavan County Council v. Kane (1910) 2 I. R. 644; (1913) 2 I. R. 250. 8 There can be no doubt that, in the case of a private individual without any special interest, the removal of the grass margin and drain on o......
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