Post Office v Down County Council
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1956 |
| Date | 01 January 1956 |
| Court | Assizes (Northern Ireland) |
Whether cutting down and carrying away a quantity of overhead telephone wires is "damage" - 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. 37 - Local Government (Ireland) Act, 1898 (61 62 Vict., c. 37) s.5 (1).
The evidence showed that some person or persons unknown, on the night of the 26th/27th November, 1955, cut down and carried away a large quantity of overhead telephone wire on a disused railway line. It was admittedby the applicants that this wire was stolen. The cost of reinstating the damaged "installation"(inclusive of the cost of wire necessary to restore it) was proved to be £99. The cost of reinstating the damage (exclusive of the cost of the wire necessary to restore it) was proved to be £33. Once the wire was cut it could not be used thereafter for repairing the damaged installation. To do that one would have to use wire from quarter-mile or half-mile coils. If, therefore, the wire had been cut and simply left lying about, but not...
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