Farrell v Northern Ireland Electricity Service and Another
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1977 |
| Date | 01 January 1977 |
| Court | Assizes (Northern Ireland) |
Farrell
and
Northern Ireland Electricity Service and Another
Accident due to non-functioning of street light - No duty on statutory authority to light streets - Whether authority liable for failure to maintain street lights in working order - Public Health (Ireland) Act,1878 (41 42 Vict. c. 52), s. 50.
Where an authority, having a discretionary power to provide street lighting, decides to exercise that power by providing such lighting to a certain standard or for a particular period, it thereby assumes an obligation to exercise reasonable care in maintaining the lighting to that standard and may be liable for a negligent failure to do so. Sheppard v. Glossop CorporationELR [1921] 3 K.B. 132 distinguished.
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5 cases
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Patrick McKnight v Department for Regional Development and M and P Bradley
...Council [1998] NI 103. In Maye the street lighting decisions of the Court of Appeal in Farrell v Northern Ireland Electricity Service [1977] NI 39, and Chambers v Department of the Environment [1985] NI 181, were considered. For Mr McKnight, Mr Colton argued that, despite the decision in Ma......
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Sunderland v Louth County Council
...228 RICHARDSON V WEST LINDSEY DC 1990 1 AER 296 CARPARO INDUSTRIES PLC V DICKMAN & ORS 1989 1 AER 798 FARRELL V NORTHERN IRELAND ELECTRIC 1977 NI 39 LOCAL GOVT (PLANNING & DEVELOPMENT) ACT 1963 S28 HOUSING ACT 1966 1 Judgement of McCarthy J., delivered the 4th day of April, 1990 [NEM DISS]......
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Maye v Craigavon Borough Council
...plc. v. DickmanELR [1990] 2 A.C. 605 at 617-618 and 632-633 respectively applied. Farrell v. Northern Ireland Electricity ServiceDNI [1977] N.I. 39 overruled. The council's application for a direction that the plaintiff had failed to establish a prima facie case would therefore be granted. ...
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McKernan v McGeown and Department of Environment
...is ultra vires the statute and must also be one which would be tortious at common law. Farrell v. Northern Ireland Electricity ServiceDNI [1977] N.I. 39 considered, (iii) As the facts alleged in the statements of claim raised no suggestion of any act or omission beyond the permissible range......
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