William Sheane v County Council of Wicklow

JurisdictionIreland
Judgment Date01 January 1919
Date01 January 1919
CourtHigh Court
C. A.
William Sheane, Applicant, County Council of Wicklow Respondents

Hire-purchase agreement - Lease of chattel - "Belonging to" and "person so injured" - Grand Jury (Ireland) Act, 1836 (6 7 Wm. IV., c. 116), s. 135; Local Government (Ireland) Act, 1898 (61 62 Vict., c. 37), s. 5.

A traction engine in the possession of a person, called the tenant under a hire-purchase agreement, was maliciously injured. Under the terms of the agreement the tenant was to keep the engine in good and substantial repair, and upon payment of all rents due it was to become his property; but subject to this provision it was to remain the sole property of the company from which it was hired. The tenant applied for compensation for malicious injury:—Held, that a lease of a chattel can validly be made; that under the terms of the agreement the applicant was a lessee of the engine, and that being such lessee the engine "belonged" to the...

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