In a recent lawsuit in Limerick, a widow, Mrs Barry, has sought £5,000 in damages following the death of her husband, Dr Barry, who was involved in a tragic accident. The accident occurred in November last year when the defendants’ dray, driven by a person identified as O’Leary, collided with the car in which Dr Barry was travelling. As a result, Dr Barry sustained serious injuries to his left leg and eventually succumbed to the injuries in February. The lawsuit, brought under Lord Campbell’s Act, accused the defendants and their servant of negligence in causing the accident.

The legal teams for both the plaintiff and defendants recently held a hearing in King’s Bench Division No. 1 before Mr Justice Wright. The Solicitor-General, K.C.; Mr O’Rshaughnessy, K.C.; Mr Lynch, and Messrs. P. S. Connolly and Co., represented the plaintiff. On the other hand, Mr Matheson, K.C.; Mr Phelps, and Mr Fitt appeared for the defendants.

The defendants’ legal team moved to change the venue of the case to the city of Limerick, arguing that a fair and impartial trial could be had there and that the expenses for travelling to Dublin would be at least £100 more. They also refuted the allegations of negligence and stated that they were not responsible for the accident.

In her affidavit, Mrs Barry claimed that O’Leary was not only the driver of the dray but was on the wrong side of the street when the accident occurred. Furthermore, she expressed her concern that it would be impossible for her to get a fair trial in Limerick due to several local influential persons who were shareholders in the defendant’s firm. She also accused the defendants of deliberately delaying the case by keeping back essential documents.

The defendants countered these accusations, claiming that the plaintiff’s claims were exaggerated and unsupported. They maintained that a fair and impartial trial could be held in Limerick and that the additional expense was not a significant factor.

In his ruling, Mr Justice Wright expressed his preference for having the case tried in a full Divisional Court and highlighted the importance of impartial justice. He noted that it was clear that if the plaintiff proved her case, the damages should be substantial and that the defendants might not require as many witnesses as they claimed. In considering both sides’ arguments, his Lordship concluded that the case should remain in Dublin, given the potential influence of powerful individuals connected to the defendant in Limerick. He refused the defendants’ application to change the venue and ordered them to cover the plaintiff’s costs.

This case underscores the importance of ensuring a fair and unbiased trial and supports a widow’s pursuit of damages for her husband’s untimely death. The legal battle and deliberations over the case’s venue highlight the complexities and challenges in obtaining justice for the aggrieved party. Moreover, the case serves as a reminder of the significance of transparency and full disclosure in the legal process.

Northants Evening Telegraph – Wednesday 28 May 1902