In a legal development before Mr Justice Kenny in the King’s Bench Division, the case of Bresnahan v. Philip Leavery unfolded, shedding light on an alleged assault that occurred in Herbertstown, Limerick.

Mr Comyn, representing the defendant Philip Leavery, applied for the action to be remitted for hearing before the County Court Judge in Limerick. The nature of the case revolved around an incident between the parties, both identified as farmers. The plaintiff, in this instance, sought damages for assault and battery, asserting that the alleged incident occurred in his house in Herbertstown in January of the preceding year.

The defendant, Philip Leavery, countered the claims by presenting a defence rooted in self-preservation. Leavery argued that he had only acted in self-defence, contending that the use of force was necessitated by the circumstances. He further claimed that the plaintiff and other individuals had applied physical force after he had been scratched and, as a visible means of self-defence, applied whiskey to the plaintiff.

The defence put forward by Leavery suggested a complex interplay of actions and reactions during the alleged altercation. The court was faced with the task of weighing the credibility of the accounts presented by both parties involved.

Additionally, an allegation of provocation without visible means was levelled against the plaintiff in the course of the proceedings. Despite the contested circumstances, the plaintiff, now, consented to the case being remitted to the County Court.

In light of the mutual consent, the court decided to remit the action to the County Court in Limerick for further proceedings. The costs incurred throughout this legal episode were left to be determined as costs in the case, underscoring the neutrality of the legal process and ensuring fairness in the allocation of financial responsibilities associated with the case.

This development in the Bresnahan v. Philip Leavery case exemplifies the legal intricacies involved in adjudicating claims of assault. The court opts to defer the matter to the County Court for a more localized and detailed examination of the facts surrounding the alleged incident in Herbertstown.

Dublin Daily Express – Friday 25 November 1910