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Gracey v Great Northern Railway (Ireland)

Irish Law Times Reports (Digests) Cited authorities 2 Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1951
Date01 January 1951
CourtHigh Court (Northern Ireland)
N.I.
Gracey
and
Great Northern Railway (Ireland)

Damage caused by sparks from a passing railway engine - Grasseed in stooks - Whether damage to a crop when cut or severed creates liability - Meaning of the word "led" - Railway Fires Act, 1905 (5 Edw. 7, c. 2), ss. 1 and 4.

A crop of grass-seed which was cut and put into stooks or "Militia men"each containing four sheaves was damaged by fire alleged to have been started by sparks from a passing railway engine. Section 1 of the Railway Fires Act, 1905 (5 Ed. 7 c. 2), provides that railway companies shall be liable to make good damage caused to "agricultural land or to agricultural crops, as in this Act defined, by fire arising from sparks or cinders emitted from any locomotive engine . ." Section 4 of the Act defines "agricultural crops" as follows: The expression "agricultural crops" includes any crops on agricultural land, whether growing or severed, which are not led or stacked. The question was whether the crop in the condition in which it was when damaged could be said to be "led or stacked" within the meaning of section 4...

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