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Court of Appeal Dismisses Venue Change Request in Barry v. Spaight And Sons Case | Limerick Archives

Court of Appeal Dismisses Venue Change Request in Barry v. Spaight And Sons Case

In a recent development, the Court of Appeal, presided over by Lord Justice Chancellor, Justice Walker, and Lord Justice Holmes, has ruled against a venue change from Dublin to Limerick in the ongoing legal battle known as the Barry v. Spaight And Sons case. The plaintiff, Mrs. Barry, widow of the late Dr Barry, is seeking £5,000 in damages for the tragic loss of her husband, resulting from a collision that took place on November 28th of the previous year.

The crux of Mrs Barry’s claim hinges on the alleged negligence of the defendant’s servant, who was operating a cart on Catherine Street in Limerick. This negligence purportedly led to a collision with a car in which Dr Barry was a passenger, causing severe injuries to his left leg, which ultimately proved fatal. The lawsuit has been filed under the legal framework provided by Lord Campbell’s Act.

On the opposing side, the defendants contended that relocating the trial to Limerick would be more convenient for witnesses and cost-effective. However, the Court of Appeal, in its considered judgment, found in favour of the current venue, Dublin, and subsequently dismissed the appeal. With this decision, the stage is set for the trial to proceed in the Irish capital.

As the legal proceedings continue, a trial date has been scheduled, prompting both parties involved to prepare for the forthcoming court battle. The case raises important questions surrounding issues of negligence, accountability, and the quest for justice in the face of tragedy. The events that transpired on Catherine Street in Limerick on that fateful day have not only claimed a life but have also led to a legal confrontation that will play out in the heart of Dublin.

Northants Evening Telegraph – Friday 06 June 1902

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