A series of legal cases involving Mr Thomas Kirby as the respondent, and individuals such as John O’Donnell, Robert Dalzel, Patrick Shea, and Michael Griffin as plaintiffs or appellants were heard in court recently. These cases involved various claims and disputes, including illegal seizure of cattle, timber disputes, and allegations of negligence by the Great Southern and Western Railway Company.
In one case, Mr John O’Donnell, of Bridge Street, faced allegations of illegally seizing cattle belonging to Mr John O’Donnell. Legal representatives, including Mr M. Comyn and Mr B. Roche, presented arguments on behalf of the appellant, while Mr E. J. McEligott, instructed by Mr J. O’Connell, defended the case. The court ultimately awarded a decree of £30 in favour of the plaintiff.
Another case involved a dispute between Patrick Shea and James Shea over the ownership and price of pigs and timber. The County Court Judge’s decree was for £2, with the condition that it would not be executed if the timber was returned. The plaintiff claimed to have tendered the timber the day after obtaining the decree, but the defendant argued for the return of all the timber he had left in the house. The judge ruled that the amount to be returned should correspond to the timber present at the time of the decree, reversing the decision and dismissing the case with costs against the plaintiff.
In a separate action, Mr Maurice Murphy brought an action against the Great Southern and Western Railway Company, seeking £50 in damages for negligence. Legal representatives, including Mr P. D. Fleming, Mr Patrick Lynch, Mr R. Barry, Mr M. J. Bourke, and Mr G. Fitzgibbon, presented arguments on behalf of the plaintiff and defendants. The plaintiff claimed that the defendants failed to safely transport him from Limerick to Abbeyfeale, resulting in injuries due to the insecure fastening of a carriage door. The defendants denied the allegations, arguing that they safely carried the plaintiff and that any injuries were caused by the plaintiff’s own negligence. The jury, unable to reach a unanimous decision, necessitated a change of venue, which could not be agreed upon by the counsels.
Additional cases involved Mr Michael Griffin’s claim against Mr John O’Donnell for grazing sheep, and Mr Griffin’s appeal against the County Court Judge’s decision dismissing his action. Arguments were presented by Mr B. Roche and Mr A. M. O’Sullivan, with Mr Griffin claiming that he owed Mr O’Donnell only £10, which was to be reduced to settle outstanding bills. However, Mr O’Donnell argued that he paid Mr Griffin £20 in September 1902. The court also heard an appeal by Mr Griffin against Judge Griffin’s decision for £33 in a case involving the trover of sheep. The parties involved agreed to consolidate these cases for simultaneous consideration.
After hearing the evidence and arguments from both sides, the jury was unable to reach a verdict, leading to a change of venue that was left undecided. With ongoing disputes and complex issues raised in these cases, the legal process continues, leaving the resolution of these matters uncertain.
Kerry News – Friday 15 July 1904
