Redpath v Belfast and County Down Railway

JurisdictionNorthern Ireland
Judgment Date01 January 1947
Date01 January 1947
CourtKing's Bench Division (Northern Ireland)
(K.B.D., N.I.),
Redpath
and
Belfast and County Down Railway

Grant to injured person from fund voluntarily subscribed by public to relieve distress - Whether to be taken into account in assessing damages.

In a railway accident caused by the negligence of the railway company's servants a number of passengers was killed or injured, and in order to relieve the resulting distress a fund was established which was voluntarily supported by the public. In an action for damages for personal injuries brought by one of the passengers the railway company administered interrogatories directed to ascertain the amount of the sums received by him from the fund. Held, that the interrogatories were directed to a matter irrelevant to the issues in the action. Damages which would otherwise be due to an injured party are not to be reduced by reason...

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54 cases
  • Parry v Cleaver
    • United Kingdom
    • House of Lords
    • 5 February 1969
    ...rightly or wrongly, many people object to it. I know of no better statement of the reason than that of Andrews L.C.J. in Redpath v. Belfast and County Down Railway [1947] N.I. 167. There the Company sought to bring into account sums received by the plaintiff from a distress fund. Andrews L......
  • Coleman and MacDonald v Smith
    • Jamaica
    • Court of Appeal (Jamaica)
    • 24 September 1979
    ...liability, and in such a case the provision is not deductible in favour of the defendant: see Redpath v. Belfast & County Down Railway (1947) N.I. 167. The problem, unfortunately, is likely not only to remain with us, but to increase, because with the growth of the “Welfare State” and publi......
  • Frank Coleman v Donald McDonald and Carol Smyth
    • Jamaica
    • Court of Appeal (Jamaica)
    • Invalid date
  • IBM Canada Limited v. Waterman, 2013 SCC 70
    • Canada
    • Supreme Court (Canada)
    • 13 December 2013
    ...1 A.C. 268; Bank of America Canada v. Mutual Trust Co., 2002 SCC 43, [2002] 2 S.C.R. 601; Redpath v. Belfast and County Down Railway (1947), N.I. 167; Jack Cewe Ltd. v. Jorgenson, [1980] 1 S.C.R. 812; Canadian Pacific Ltd. v. Gill, [1973] S.C.R. 654; Grand Trunk Railway v. Beckett (1887), 1......
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5 books & journal articles
  • Deductions from Damages: Collateral Benefits
    • Canada
    • Irwin Books Remedies: The Law of Damages. Third Edition Limiting Principles
    • 21 June 2014
    ...to damages for lost wages. In Rawson v Kasman , 16 the Ontario Court of Appeal awarded 12 Redpath v Belfast and County Down Rly , [1947] NI 167; MB v British Columbia , [2003] 2 SCR 477 [ MB ]. 13 [1970] AC 1 at 14 (PC), Lord Reid [ Parry ]. 14 Cunningham , above note 4 at 370. See also MB ......
  • Table of cases
    • Canada
    • Irwin Books Remedies: The Law of Damages. Third Edition Limiting Principles
    • 21 June 2014
    ...1 WWR 305 .............................................................................. 303 Redpath v Belfast and County Down Rly, [1947] NI 167 ................................... 485 Reekie v Messervey (1989), 59 DLR (4th) 481, 36 BCLR (2d) 316, 48 CCLT 217 (CA) ...............................
  • Deductions from Damages: Collateral Benefits
    • Canada
    • Irwin Books Archive Remedies: the Law of Damages. Second Edition Part Three
    • 8 September 2008
    ...s. 61(2). 11 Wilson v. Great West Life Assurance Co. , [2007] N.B.J. No. 92 at paras. 20–21. 12 Redpath v. Belfast and County Down Rly , [1947] N.I. 167; M.B. v. British Columbia, [2003] 2 S.C.R. 477 [ M.B. ]. Deductions from Damages: Collateral Benefits 421 damages reduced so that he would......
  • COLLATERAL BENEFITS: DEFENDING THE CAUSAL RATIONALE.
    • Canada
    • University of Toronto Faculty of Law Review Vol. 76 No. 1, January 2018
    • 1 January 2018
    ...to be an exception to the general rule that ail sums received by the plaintiff following the wrong should reduce any damages award. (36) [1947] NI 167 (KB) (37) Parry, supra note 17 at 14. (38) Redpath, supra note 36 at 170. (39) Ibid at 172-173. (40) Lord Wilberforce also misconstrued the ......
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