In an appeal brought before the Court of Appeal involving Lord Justice Chancellor, Justice Walker and Lord Justice Holmes, the request to change the venue from Dublin to Limerick in the Barry v. Spaight And Sons case was dismissed today. Mrs. Barry, a widow of the late Dr Barry, is seeking £5,000 in damages for her husband’s death as a result of a collision that occurred on November 28th last year.
According to Mrs. Barry, the defendants are responsible for the negligence of their servant in driving a cart on Catherine Street in Limerick, causing it to collide with a car in which Dr Barry was a passenger. It is alleged the driver of the cart was on the wrong side of the street, leading to the accident and resulting in serious injury to Dr Barry’s left leg, which ultimately caused his death. The lawsuit was filed under Lord Campbell’s Act.
The defendants argued that the convenience of witnesses and expenses would be better served with a trial in Limerick. The Court of Appeal, however, disagreed and dismissed the appeal, ordering the trial to remain in Dublin. Notice of the trial date has been given and both parties are now preparing for the proceedings.
Northants Evening Telegraph – Friday 06 June 1902