Tyrrell v Flanagan

JurisdictionIreland
Judgment Date26 November 1900
Date26 November 1900
CourtQueen's Bench Division (Ireland)
Tyrrell
and
Flanagan (2).

Q. B. Div.

CASES

DETERMINED BY

THE QUEEN'S BENCH DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL,

AND BY

THE COURT FOR CROWN CASES RESERVED.

1901.

Justices — Case stated — Evidence — Trespass in pursuit of game — Preservation of Game Act (27 Geo. 3, Ireland, c. 35), sect. 10 — 27 & 28 Vict. c. 67 — Case Stated Act (20 & 21 Vict. c. 43).

Upon the hearing of a complaint for unauthorized pursuit of game, it is not necessary in order to sustain a conviction to prove affirmatively that the defendant fired at any game, or had any game in his possession, if other evidence sufficiently lead to the inference that the offence was committed.

Per Murphy and Boyd, JJ. Where Justices state on the face of a special case not only a conclusion of fact, but also the grounds of fact leading them to that conclusion, it is open to the Court to consider whether those grounds are sufficient in law to support their determination.

Per Lord O'Brien, L.C. J. Where there is legal evidence to sustain a finding of fact by the Justices, such finding cannot be questioned on a case stated.

Counsel cited Kingston v. O'Neill (1); Irvine v. Osborne (2); Reg. (Palmer) v. Reilly (3); and Headfort v. Farrelly (4).

Case stated by the Justices of county Kildare in regard to a complaint “that on Monday, the 27th August, 1900, defendant was found unlawfully in pursuit of game with a gun and setter dog on part of the lands of Killinagh, in said county, contrary to 27 & 28 Vict. cap. 67, the exclusive right of the game on said lands being reserved to the landlord by deed dated 27th April,

1877, and by order of the Land Commission dated 27th July,1888.” The complaint was heard by two Justices, who dismissed the case “without prejudice.”

The evidence (as stated in the case) was, in substance, to the following effect:—

Mr. Tyrrell, the informant, stated that on the 27th August he heard eight or nine shots fired on Mrs. Flanagan's farm between 7.30 and 8.30 p.m., about half a mile away from where he was; that by the Land Commission order of 27th July, 1888 (produced), fixing a fair rent on the holding of Mrs. Flanagan, defendant's mother, the exclusive right of shooting and taking game was reserved to the landlord, H. Joly, and that he (witness) was lessee from Joly of the shooting on the property.

Robert M'Sorley, a gamekeeper, on the evening in question, was in the neighbourhood of Mrs. Flanagan's holding, and heard two shots fired in that direction. He then, with Hayes, another keeper, went over towards Flanagan's land. He heard two more shots fired before he crossed the boundary. “When I was within 20 yards of defendant (Flanagan) he fired two shots. I saw him the other side of some sally-trees. When he came out of the covey I spoke to him. This was all on Flanagan's land. Defendant had a setter dog and gun with him. I saw the dog ranging about, and a couple of snipe got up. I do not know what he fired at. I asked him for his authority and told him he had no right to be there. He said, ‘Is that so,’ and walked on. The dog...

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2 cases
  • Maurice Gleeson v Timothy Hurley
    • Ireland
    • King's Bench Division (Ireland)
    • 8 Febrero 1916
    ...must pay the costs. C. N. K. (1) Before Gibson and Dodd JJ. (1) 5 M. & S. 206. (2) [1907] 2 I. R. 5. (3) [1902] 2 I. R. 78. (4) [1901] 2 I. R. 423. (5) 8 A. & E. (1) 5 M. & S. 206. (2) Sargent, Licensing Laws, p. 215. (3) 1 B. & Ald. 489. (4) 51 J. P. 22. (5) [1908] 2 I. R. 214. (1) [1907] ......
  • State (Turley) v O Floinn
    • Ireland
    • Supreme Court
    • 28 Julio 1968
    ...J. :— I agree. (1) 96 L. T. 723. (2) [1914] A. C. 338. (3) [1914] 2 I. R. 261. (4) [1936] I. R. 750. (5) 82 I. L. T. R. 123. (6) [1901] 2 I. R. 423. (7) 2 Esp. (8) [1894] 2 I. R. 394. (9) [1899] 2 Q. B. 121. (10) [1958] I. R. 189. 1 See p. 245, ante. ...

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