Redpath v Belfast and County Down Railway

JurisdictionNorthern Ireland
CourtKing's Bench Division (Northern Ireland)
Judgment Date01 January 1947
(K.B.D., N.I.),
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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46 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
    • 24 September 1979
    ...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 public provi......
  • Frank Coleman v Donald McDonald and Carol Smyth
    • Jamaica
    • Court of Appeal
    • Invalid date
  • Lindsay v Mid Western Health Board
    • Ireland
    • Supreme Court
    • 1 January 1993
    ...of paying the cost of maintenance twice over would not further the interest of justice. Redpath v. Belfast and County Down RailwayDNI [1947] N.I. 167 not followed. 8. That, where the plaintiff had little or no awareness of his or her condition, there was no rule of law either limiting the g......
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