Fermanagh County Council v Donegal Presbytery Board of Education
| Jurisdiction | Northern Ireland |
| Judgment Date | 15 June 1923 |
| Date | 15 June 1923 |
| Court | Court of Appeal (Northern Ireland) |
Appeal. (N. I.)
Malicious injury - Property situate in Northern Ireland - Shot fired from Irish Free State - Grand Jury (Ireland) Act, 1836 (6 & 7 Wm. 4, c. 116),sect. 135 - Malicious Damage Act, 1861 (24 & 25 Vict. c. 97), sect. 51 -Local Government (Ireland) Act, 1898 (61 & 62 Vict. c. 37), sect. 5,sub-s. 1, sub-s. 3.
| Case Stated by Andrews L.J. at the Fermanagh Spring Assizes, 1923. |
The applicants were owners of a church, manse, and cottage, situate in Tulyhomon portion of the town of Pettigo, in the County of Fermanagh, to which malicious damage was done by shots which were admittedly fired from the County of Donegal. Malice was admitted; and, subject to the question of legal liability, the amount of compensation was agreed upon between the applicants and the County Council of Fermanagh at the sum of £70.
The applicants were the owners of church property situate in the County of Fermanagh to which malicious injury was done by shots fired from the County of Donegal.
Held, that the malicious damage was committed in the County of Fermanagh, and that the applicants were entitled to recover against that county.
Moore L.J. delivered the judgment of the Court as follows:—
This case, dealing with injury to property committed under similar circumstances to Farrendon's Case(2), involves exactly the same question, though arising under different sections. The argument presented for the County Council of Fermanagh was the same.
We have considered the matter, and, for the reasons...
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