Scarlett v Fermanagh County Council
| Jurisdiction | Northern Ireland |
| Judgment Date | 01 January 1923 |
| Date | 01 January 1923 |
| Court | Court of Appeal (Northern Ireland) |
Appeal. (N. I.)
Malicious injury - Kidnapping - Injury to health caused by exposure - Compensation - Criminal Injuries (Ireland) Act, 1919 (9 Geo. 5, c. 14), sect. 1, sub-s. 1 (b); Grand Jury (Ireland) Act, 1836 (6 & 7 Wm. 4, c. 116), sect. 106 - Malicious Damage Act, 1861 (24 & 25 Vict. c. 97).
Appeal by James Scarlett by way of case stated from an order of Moore L.J., made at the Summer Assizes, 1922, for the County Fermanagh, affirming the dismissal by the County Court Judge of an application for compensation under the Malicious Injury Code.
The case stated set out the facts as follows:—
1. Prior to the 7th day of February, 1922, the applicant had been suffering from influenza, and had been confined to his house during the day of the 7th February and for the two previous days. On the night of the said 7th February the applicant left his house and went for a doctor to attend two persons who had been shot, and to give information to the police, and when returning home in the police Crossley tender they were ambushed and fired on at Wattle Bridge, in the County of Fermanagh, and within one mile of the County of Cavan, by a party of armed men exceeding three in number, and the applicant, together with some of the police, was taken prisoner.
2. The applicant was blindfolded, and was placed in a motor conveyance and was driven without any overcoat to Ballybay, in the County of Monaghan, which is ever forty miles distant from Wattle Bridge. He was imprisoned with others in an uninhabited house at Ballybay, and the only sleeping accommodation supplied was one damp mattress and one blanket for every three persons. He was subsequently taken to Bailieborough, in the County of Cavan, and to Trim, in the County of Meath, and was imprisoned in each of those towns, and treated in the same manner as at Ballybay, and was released after nine days' imprisonment. He suffered no physical injury save the discomfort of imprisonment, and that his general health was temporarily injured by the exposure and treatment to which he was subjected in the Counties Cavan, Monaghan, and Meath.
3. I affirmed the dismiss made by the County Court Judge, but without costs, on the ground that the applicant had not been injured in his person within the meaning of sect. 1, sub-s. 1 (b), of the Criminal Injuries (Ireland) Act, 1919.
4. On the application of counsel for the...
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