Lord Justice Holmes presided over the Limerick Assizes, where he upheld a decree of £21 awarded by Judge Adams to John Moloney of Kilmallock. The award was granted to compensate Moloney for injuries sustained by his horse and carriage, which overturned while he was driving between Kilmallock and the railway station. The crux of the plaintiff’s case was that the accident was caused by a heap of stones on the road, which had been negligently allowed to remain by the County Council.
In defence, evidence was presented claiming that the stones had been spread on the road to a width of nine feet and carefully tapered out to a single layer. Additionally, it was stated that there was a clear gap of 15 feet with no stones present. However, despite the defence’s arguments, Lord Justice Holmes affirmed the decree in favor of Moloney.
During the proceedings, Lord Justice Holmes acknowledged the positive use of steam-rollers throughout the country in the past year, which proved beneficial for the ratepayers. However, he criticized the County Council for leaving the stones on the road in a careless manner, particularly over the weekend from Saturday until Monday. This negligence, in his opinion, led to the unfortunate accident and subsequent injuries suffered by Moloney and his horse.
The case highlights the importance of road maintenance and safety responsibilities of local authorities. Negligence in maintaining roads can have serious consequences, leading to accidents and injuries for travelers. The ruling serves as a reminder to local councils to be diligent in their duties and ensure that roadways are maintained in a safe and secure manner, promoting the well-being and safety of all road users.
Enniscorthy Echo and South Leinster Advertiser – Friday 14 July 1905