At the Limerick Assizes, Lord Justice Holmes presided over a case in which the Limerick County Council appealed against a decision that awarded £21, costs, and expenses to John Moloney of Kilmallock. The compensation was for injuries he sustained when thrown from his car while driving between Kilmallock and the Railway Station. The plaintiff claimed that the accident occurred due to negligence on the part of the County Council, as the road was being steam rolled, and some stones were left negligently on the roadway, causing his car to overturn. The plaintiff required four weeks of medical treatment and suffered permanent damage, limiting him to driving only a pair of horses, whereas he could previously drive a four-in-hand.
Mr Doyle, representing the plaintiff, presented the case, and witnesses supported his claim. On the defence’s side, Patrick Crawford, a surfaceman, stated that the stones were properly spread out on the road, with necessary precautions taken to prevent danger. However, he admitted that there were no lights at the scene. John Singleton, the road overseer, believed the road was safe, with stones spread out to a width of nine feet and tailed out to a single stone, leaving a space of fifteen feet without stones.
In delivering the judgment, Lord Justice Holmes found the County Council guilty of negligence. He acknowledged the benefits of steam rollers when properly used but pointed out that the stones left on the road from Saturday to Monday were a grave mistake. He upheld the decision of the court below, ruling in favor of the plaintiff. Regarding the amount of compensation, he affirmed the £21 award but disallowed the witnesses’ expenses.
The Limerick Assizes case involving the County Council’s negligence highlights the importance of road safety measures. The introduction of steam rollers has brought advantages to road construction, but proper care and timely removal of materials are crucial to prevent accidents. The judgment serves as a reminder to authorities to uphold safety standards in road maintenance, ensuring the well-being of road users and the public. By upholding the decision for compensation, Lord Justice Holmes emphasizes the responsibility of local authorities in safeguarding the public and maintaining the integrity of roadways. The case serves as a cautionary tale, prompting vigilance and adherence to safety protocols in road construction and maintenance projects across the country.
Limerick Echo – Tuesday 11 July 1905
