A case involving personal injuries was heard at the Limerick Quarter Sessions before Judge Adams, where Mr Thomas Cusack, a local chemist from Rutland Street, sought £50 in damages from Lieutenant D. Watt of the Liverpool Regiment. The plaintiff claimed that he had sustained injuries on October 19th due to the negligent handling of the defendant’s groom, resulting in a horse kick. The Limerick Echo provides a summary of the proceedings and the final verdict.
Representing the plaintiff, Mr Lynch (instructed by Mr Gaffney) presented the case, while Mr Phelps (instructed by Mr Leaby) acted as counsel for the defendant.
Patrick Cusack, the plaintiff’s witness, testified that he was near the Crescent, close to Barrington Street, when the defendant’s groom, riding one horse and leading another, passed by. Suddenly, the led horse reared and kicked Mr Cusack, fracturing his arm and causing him to collide with a railing. He received medical treatment from Dr Holmes.
During cross-examination, Mr Cusack denied being on the crossing at the time of the incident. Dr Holmes confirmed that the plaintiff had indeed suffered a broken arm and experienced shock as a result of the kick.
Additional witnesses, including Pat Mulcahy, a car driver, and Pat Quin, a stonecutter, provided supporting evidence, with measurements of the footpath and testimonies affirming the plaintiff’s position during the incident.
The defence called Arthur Lunn, the groom, who claimed that the horses were walking, with the led horse being slightly restless. Lunn asserted that he was on the right side of the road, while Mr Cusack was on the crossing when the kick occurred.
John Hanrahan, another car driver, supported Lunn’s account, suggesting that the horses were in the middle of the road and Mr Cusack was on the crossing.
However, during the proceedings, Mr Gaffney, the solicitor, revealed that Constable Conway had previously stated to him that Mr Cusack was on the footpath, intending to settle the matter with Lieutenant Watt. This discrepancy raised questions regarding the groom’s responsibility.
After carefully considering the evidence, Judge Adams expressed his opinion that the groom, by allowing a restless horse to come too close to the footpath, had demonstrated negligence. He accepted the testimony of the plaintiff and his witnesses, ruling in favor of Mr Cusack. The court awarded £15 in damages, along with the costs of the lawsuit, and an additional guinea to Dr Holmes for attending court.
The verdict, met with satisfaction from the plaintiff and his representatives, brought an end to the personal injury lawsuit, highlighting the importance of proper horse management and ensuring the safety of pedestrians.
Limerick Echo – Tuesday 12 January 1904
