Getty v Antrim County Council

JurisdictionNorthern Ireland
Judgment Date01 January 1950
Date01 January 1950
CourtAssizes (Northern Ireland)
Judge of Assize, N.I.
Getty
and
Antrim County Council

Whether dismantling machine is "damage" - Parts of machine removed -Measure of compensation - Grand Jury (Ireland) Act, 1836 (6 7 Wm. 4, c. 116), s.135 - Malicious Damage Act, 1861 (24 25 Vict., c. 97), s. 15 - Local Government (Ireland) Act, 1898 (61 62 Vict., c. 37), s. 5 (1).

The applicant claimed compensation for damage to two tractor ploughs. The ploughs bad been left in a field by the applicant's son, and on his return he found that they had been dismantled. Some parts had been removed, but the remaining parts were undamaged. There was no evidence as to what had become of the missing parts. Held:—(1) that the dismantling of the ploughs constituted damage to them within the meaning of the Malicious Damage Act, 1861, and that the applicant was therefore entitled to recover compensation; (2) that compensation was limited to the cost of reassembling the ploughs, there being no evidence that the missing parts had been damaged or...

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2 cases
  • Moriarty v Corporation of Dublin
    • Ireland
    • High Court
    • 1 January 1979
    ...decisions in Northern Ireland, the judgment of Lord Justice Black when sitting as a judge of Assize in Getty v. Antrim County Council (1950) N.I. 114 and the judgment of the members of the Court of Appeal in Northern Ireland in H.M. Postmaster General v. Londopderry R.D.C. (1957) N.I. 77.......
  • Grajewski v Director of Public Prosecutions (NSW)
    • Australia
    • High Court
    • 13 March 2019
    ...at 368. 36 Morphitis v Salmon (1989) 154 JP 365 at 369. 37 R v Tacey (1821) Russ & Ry 452 [ 168 ER 893]; Getty v Antrim County Council [1950] NI 114. 38 Protection of Stocking Frames Act 1788 ( 28 Geo 3 c 55), s 4, which relevantly made it an offence to “wilfully and maliciously break, dest......

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