In a remarkable legal proceeding in the King’s Bench Division on Friday, before Mr Justice Boyd and Mr Justice Keany, an application was made on behalf of the Condensed Milk Company of Ireland, based in Limerick, to remit a case to the County Court Judge. The case, Goodwin v the Condensed Milk Company of Ireland, involves a heart-wrenching incident that resulted in the death of a young girl named Kate Goodwin in the Shannon River under unusual circumstances.
The plaintiff, Bridget Goodwin, the mother of the deceased girl, initiated the action under Lord Campbell’s Act. According to the facts presented, Kate Goodwin, aged 7, and another girl named Kate McMahon, approximately 12 years old, visited the defendants’ factory for a business purpose. After completing their business at the factory, it appears that the girls ventured to the edge of the Shannon, which runs adjacent to the factory. Evidence suggests that they entered the river, possibly for wading, as portions of their clothes were found on the shore.
At the location where the children were wading, there was an old culvert or intake leading to a disused quarry. Due to the tidal nature of the river in that area, there was a strong rush of water during the ebb and flow of the tide. It is believed that as the tide was rising, the suction of the water drew the children into the pipe, resulting in their drowning.
The plaintiff claimed that the pipe belonged to the defendants and that they had failed to install a grate to prevent anything other than water from entering it. However, the defendants vehemently denied any ownership of the pipe. Mr Dooley, Secretary to the Company, swore in an affidavit that the defendants had never interfered with the drain, which was connected to the disused quarry.
Mr C.F. Doyle, representing the plaintiff, opposed the motion and presented an affidavit from Mr Sheehy, alleging that the quarry had been converted into a reservoir by the defendants or their predecessors. The reservoir was supplied by a pipe from the river, and when the tide rose, a whirlpool formed at its intake. Counsel argued that the defendants should not be allowed to maintain what was referred to at the inquest as a “death trap” without taking precautions to prevent animals and humans from being sucked into it. Wading in the Shannon opposite the defendants’ premises, he argued, was not a crime punishable by death.
Following the arguments, the Court decided to remit the action to the City of Limerick for further proceedings and examination of the evidence presented. This case underscores the tragic loss of young Kate Goodwin and raises important questions about the responsibility of property owners to ensure the safety of individuals near their premises, particularly in potentially hazardous areas such as rivers and disused quarries.
Limerick Echo – Tuesday 15 November 1904
