Downey and Another v Ministry of Commerce and Down County Council
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1954 |
| Date | 01 January 1954 |
| Court | Assizes (Northern Ireland) |
Downey and Another
and
Ministry of Commerce and Down County Council
Subsidence - Liability of highway authority and agents of highway authority - Misfeasance or non-feasance.
A trunk road in respect of which the Ministry of Commerce was constituted road authority under the Roads Act (Northern Ireland), 1948, and which was managed by a County Council as agents for the Ministry was opened by a builder with the permission of the County Council for the purpose of laying waterpipes. Owing to the faulty reinstatement of the road a subsidence occurred which caused personal injuries to the plaintiffs. Held, (i) that the builder was not a servant or agent so as to make either the Ministry or the County Council liable for his mis-feasance; (ii) that neither the...
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...1 W.L.R. 867. 6 [1926] 2 K.B. 332. 7 [1945] 1 All E.R. 459. 8 [1950] A.C. 361. 9 (1956) 90 I.L.T.R. 119. 10 [1955] 1 W.L.R. 113. 11 [1954] N.I. 103. 12 [1948] 2 All E.R. 834. 13 [1964] I.R. 209. 14 [1964] I.R. 315. 15 [1967] A.C. 617, 16 [1946] I.R. 504. 17 (1956) 90 I.L.T.R. 119. 18 [1964]......