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O'Reilly v Doherty

Northern Ireland Law Reports (Digests) Cited authorities 2 Cited in Precedent Map Related
Vincent
JurisdictionNorthern Ireland
Judgment Date01 January 1928
Date01 January 1928
CourtAssizes (Northern Ireland)
Andrews L. J., N. I.,
O'Reilly
and
Doherty

Defective premises - Premises sub-let in apartments - Accident arising from defect - Personal injury to invitee of subtenant - Non-liability of landlord - Rent and Mortgage Interest Restrictions Act (N. I.), 1925, 15 16 Geo. V., c. 12, s. 8 (4).

Premises the property of the defendant were let to W., who in turn let different portions in apartments to sub-tenants, including the usptairs room to D. The letting to W. was within the provisions of the Rent and Mortgage Interest Restrictions Act, N. I., 1925. Plaintiff, a district nurse, received a professional call to visit D. The plaintiff proceeded upstairs without mishap, but on descending, and whilst she took the last step on to the hall, the floor gave way and plaintiff received serious injuries in respect of which she obtained a decree for 100 damages from the Recorder of Londonderry. On appeal to the Londonderry City Assizes it was held by Andrews L.J., reversing the decree, that the plaintiff could not succeed in contract on the statutory obligation to repair implied...

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