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Great Northern Railway Company v Tyrone County Council

Irish Law Journal (Digests) Irish Law Times Reports (Digests) Cited authorities 2 Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1934
Date01 January 1934
CourtCourt of Appeal (Northern Ireland)
[C. A., N. I.],
Great Northern Railway Co
and
Tyrone County Council

Interference with points - Derailment - Resultant damage - Malicious Injury to Property Act, 1861 (24 25 Vict., c. 97, s. 35.

During a railway strike a train was derailed and damaged. It was ascertained that the points had been maliciously interfered with. The applicants claimed compensation, The respondents contended that they were liable only for the damage done to the points, as this was an indictable offence, but that they were not liable for the damage done by the derailment, as it was not the subject of indictment. The County Court Judge and the Assize Judge held that the respondents were liable for both the damage done to the points and that due to...

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