Limerick, Ireland – The Limerick Quarter Sessions saw a right-of-way case from Hospital, involving Patrick Foley as the plaintiff and John Sullivan as the defendant. The presiding judge referred to the law established in Clancy v Byroe, which stated that a judge and jury could infer the grant of a right of way based on evidence of the circumstances when plots of land were laid out by the landlord.

Mr Power, a solicitor from Hospital, had argued that both the plaintiff and defendant held under the same landlord and thus neither could claim a prescriptive right to the right of way. However, the judge disagreed with this contention, citing the aforementioned case law.

After discussing the merits of the case, the judge decided to reserve judgment until he had visited the actual location in question to better assess the situation on the ground.

Ms. Crowe, a solicitor from Kilmallock, appeared on behalf of the defendant during the proceedings.

The outcome of this case will have significant implications for the right-of-way disputes in the region and may provide clarity on the legal principles governing such matters.

Limerick Echo – Tuesday 10 January 1905