Wexford Timber Company v Wexford Corporation and Wexford County Council

JurisdictionIreland
Judgment Date01 January 1954
Date01 January 1954
CourtSupreme Court
S.C.
Wexford Timber Company
and
Wexford Corporationand Wexford County Council

Premises broken and entered - Property stolen from premises -Thief apprehended but insane - No direct evidence of how fire started - Finding by High Court that fire originated from some act of thief - Evidence - Whether act of thief malicious, wanton or merely accidental - Grand Jury (Ireland) Act, 1836, s.135.

Fire broke out in the premises of applicants on the night of 25th/26th December, 1949, doing damage to the extent of £6,455 7s.. 4d.. After the fire it was discovered that the premises had been broken into, and an effort made to force a safe in the premises. Subsequently a man was arrested; when so arrested he was found to be in possession of property removed from the said premises. He was charged in the District Court with unlawfully breaking and entering the premises and stealing the articles above mentioned and also with unlawfully setting fire to the said premises. While he charges were pending he was certified as insane and was removed to a mental asylum. At the time of the hearing in the High Court he was still a patient in the said asylum. He was called to give evidence in the High Court before Haugh J., and after hearing medical evidence as to his condition the learned trial Judge permitted him to give evidence but cautioned him in the usual way that he was not obliged to answer any question the answer to which might tend to incriminate him. He then refused to answer any questions in relation to the fire. The learned trial Judge stated a case for the opinion of the Supreme Court in which the following finding occurred:—"I find as a fact that the fire which occurred upon the premises of the Wexford Timber Company at Crescent Quay upon the morning of the 26th December,; 1949, originated through some act of the said James O'Neill (i.e.,the man...

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8 cases
  • Fleming v Cavan County Council
    • Ireland
    • High Court
    • 15 June 1974
    ...the fire deliberately and therefore, maliciously within the meaning of the said Acts. Wexford Timber Co. v. Wexford CorporationDLTR88 I.L.T.R. 137 distinguished. [N. 1549] Fleming v. Cavan County Council PATRICK FLEMING Applicant and THE COUNTY COUNCIL OF THE COUNTY OF CAVAN Respondents. Cr......
  • Agra Trading Ltd v Waterford County Council
    • Ireland
    • Circuit Court
    • 1 January 1985
    ...constituting malice within the meaning of the malicious injury code: Wexford Timber Company v. Wexford Corporation and AnotherDLTR88 I.L.T.R. 137 followed. 4. That a finding of malicious damage was justified. ...
  • Doyle v Hearne
    • Ireland
    • Supreme Court
    • 1 January 1988
    ...269 AG, PEOPLE V DOYLE 101 ILTR 136 CAHILL, STATE V THE PRESIDENT OF THE CIRCUIT COURT 1954 IR 128 WEXFORD TIMBER CO V WEXFORD CORPORATION 88 ILTR 137 AG, PEOPLE V MCGLYNN 1967 IR 232 HAMILTON V HAMILTON 1982 IR 466, 1982 ILRM 290 TEMPANY V HYNES 1976 IR 101 1 JUDGMENT delivered on the 31st......
  • Sean Dillon Ltd v Dublin Corporation
    • Ireland
    • High Court
    • 1 January 1989
    ...APPELLANT AND THE LORD MAYOR ALDERMEN AND BURGESSES OF THE CITY OFDUBLIN RESPONDENTS Citations: WEXFORD TIMBER CO V WEXFORD CORPORATION 88 ILTR 137 MIDLAND RAILWAY CO, IN RE 38 ILTR 52 CAVENDISH WOODHOUSE (HOLDINGS) LTD V DUBLIN CORPORATION 1974 IR 159 FLEMING V CAVAN CO COUNCIL 1974 IR ......
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1 books & journal articles
  • In the Irish Courts
    • United Kingdom
    • Sage Journal of Criminal Law, The No. 26-4, October 1962
    • 1 October 1962
    ...while 'maliciously' means 'consciouslyviolating'thelaw to the prejudice of another.InWexfordTimber Co. v. Wexford Corporation (88I.L.T.R.137), how-ever, Kingsmill Moore J. doubted whether there was anydistinction betweenthetwo words.InMonagle's case, Murnaghan J. dealt specifically withtheo......

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