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Constable Seeks Compensation at Limerick Spring Assizes | Limerick Archives

Constable Seeks Compensation at Limerick Spring Assizes

Limerick – In a noteworthy case heard before the Lord Chief Justice at the Limerick Spring Assizes, Constable Patrick Kilmurry of the Royal Irish Constabulary has sought £500 in compensation for injuries sustained while on duty in Newcastle West on August 20th of the previous year. The County Court Judge, Adams, had previously awarded the constable £125 along with £15 in costs, prompting an appeal in this matter.

According to Kilmurry’s testimony, he and another constable were endeavouring to quell a disturbance that had erupted in a local public house in Newcastle. Tragically, Kilmurry’s comrade came under attack, and without hesitation, he rushed to his aid. In the midst of the chaos, Kilmurry was brutally knocked down and subjected to relentless kicks targeting his legs and body, causing severe injuries.

Representing the County and District Councils, who strongly opposed the constable’s application for compensation, it was argued that the case did not fall within the purview of the applicable statute. The defence asserted that the circumstances did not warrant financial restitution.

In a significant turn of events, the Lord Chief Justice upheld this view as the correct interpretation, thereby overturning the County Court Judge’s decision. However, it should be noted that no costs were awarded in this ruling.

During the proceedings, Mr Kelly appeared on behalf of Constable Kilmurry, presenting a compelling case for compensation. On the opposing side, Mr D. Lynch and Mr Phelps eloquently defended the County and District Councils, emphasizing that the statutory requirements were not met in this instance.

The outcome of this case has garnered significant attention, raising questions about the extent of protection and support offered to law enforcement officers who sustain injuries in the line of duty. The decision by the Lord Chief Justice marks a precedent in such matters and has implications for future cases involving similar circumstances.

Constabulary Gazette (Dublin) – Saturday 19 March 1904

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