Fermanagh County Council v Farrendon

JurisdictionNorthern Ireland
Judgment Date15 June 1923
Docket NumberCase No. 55
Date15 June 1923
CourtCourt of Appeal (Northern Ireland)

Appeal. (N. I.)

Fermanagh Co. Council v. Farrendon
THE COUNTY COUNCIL OF FERMANAGH
Appellants
HENRY FARRENDON, Respondent (1)

Malicious injury - Injury to person in Northern Ireland caused by shot fired from outside limits of Northern Ireland - Compensation - Grand Jury (Ireland) Act, 1836 (6 & 7 Wm. 4, c. 116), sect. 106; Criminal Injuries (Ireland) Act, 1919 (9 Geo. 5, c. 14), sect. 1, sub-s. 1 (a); sect. 1,sub-s. 2.

Case Stated for the opinion of His Majesty's Court of Appeal in Northern Ireland by Andrews L.J. at the Fermanagh Spring Assizes, 1923.

The case stated set out the facts as follows:—

This case came before me, sitting as Judge of Assize at Enniskillen for the County of Fermanagh, in the month of March, 1923.

The applicant, who was a private in the Tank Corps, was, on 30th May, 1922, patrolling a road 200 yards from Pettigo, in the County Fermanagh, when very heavy fire was opened on the tank from the hills on the opposite side of Pettigo, in the County of Donegal. Fire was returned from the tank, and during the progress of the fight a bullet, which, it was admitted, was fired from the County Donegal, entered one of the apertures in the tank, and a splinter of it struck the applicant in the right eye. He succeeded in bringing his tank out of action, and was taken to the military hospital in Enniskillen, and afterwards to the military hospital in Belfast. He was ultimately discharged from the army as unfit for service owing to the total loss of the sight of his right eye.

The County Court Judge gave the applicant a decree for £300, leviable on the County of Fermanagh at large, the amount of which, if liability existed, was not questioned by either side.

A. B. Babington K.C., for the applicant, relied upon sect. 1, sub-s. 1 (a), of the Criminal Injuries (Ireland) Act, 1919, and upon the third paragraph of sect. 1, sub-s. 2, of the same Act. The County Council of Fermanagh are, he contended, liable under this latter sub-section, as the injury "occurred" in that county. The apparent hardship to the ratepayers of the County of Fermanagh is no greater than it would have been if the

applicant had been injured in the same place by raiders from the County of Donegal, who had come across the border into County Fermanagh.

E. S. Murphy K.C., for the County Council of Fermanagh, argued that the decree of the County Court Judge was repugnant to common sense and fair play, as none of the ratepayers of County Fermanagh had caused or contributed to the applicant's...

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3 cases
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    • Ireland
    • Supreme Court
    • 13 March 1986
    ...ENFORCEMENT OF JUDGMENTS ART.5(3) EUROPEAN CONVENTION JURISDICTION ENFORCEMENT OF JUDGMENTS ART.2 FERMANAGH CO COUNCIL V FARRENDON 1923 2 IR 180 HANDELSKWEKHERIJ V MINES DE POTASSE D'ALSACE 1976 ECR 1735 JOYNT V M'CRUM 1899 IR 217 KROCH V ROSSELL 1973 1 AER 725 LOCUS OF A TORT 96 ILTR 93 M......
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    ...analogy with the criminal law, there was also a “last event” approach and merit examination. 51 In Fermanagh Co. Council v. Farrendon [1923] 2. I.R. 180 a shot fired from Donegal killed a soldier in Fermanagh. The court rejected the argument that the malice existed in Co. Donegal only and w......
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    • High Court
    • 1 January 1959
    ...... the Finance Act, 1924, by the Circuit Court Judge for the City and County of Dublin (Judge McCarthy). The Case Stated was as follows:— ......

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