In a legal proceeding today at the King’s Bench Division before Mr Justice Boyd, the spotlight turned to a motor collision involving a lady cyclist and a doctor, Dr McNamara, hailing from Springfield, Kilmallock, Co. Limerick. The case, Kearney v. McNamara, unfolded as Mr T. Sullivan, representing Dr McNamara, sought an order to remit the action for trial to the County Court of Limerick, citing customary grounds.
Miss Martha E. Kearney, residing at Griston Cottage, Ballylanders, Co. Limerick, initiated the action, seeking damages for personal injuries attributed to the alleged negligence of the defendant’s chauffeur. The incident, dated September 3rd, saw the defendant’s motor car colliding with Miss Kearney as she cycled from Knocklong to her home. According to the plaintiff’s affidavit, the motor car approached a crossroads at a significant speed without any audible warning, resulting in her being knocked down.
The injuries sustained by Miss Kearney were described as very severe, primarily affecting her right ankle joint and the thumb of her left hand. Additional contusions and bruises adorned various parts of her body, while the bicycle she rode, a £19 gift from her sister, met a disheartening end, being completely smashed in the collision.
The defendant’s defence rested on the assertion that the accident was a consequence of the plaintiff’s own negligence. Dr Connery, the attending physician for Miss Kearney, attested to the severity of the injuries, noting the ongoing swelling in the plaintiff’s ankle, which was expected to remain weak for a considerable period.
In contrast, Dr Hennessy, representing the defendant, contradicted the gravity of the injuries. His examination revealed no permanent damage, and he observed the plaintiff going about her activities as usual. This contradiction formed a crucial point of contention in the legal battle.
Mr Cecil Atkinson, representing Miss Kearney, opposed the application to remit the action to the County Court. He emphasized the seriousness of the injuries, as outlined in the plaintiff’s affidavit and medical reports, highlighting their delayed manifestation after the incident. Miss Kearney had been incapacitated for two months, rendering her unable to assist her mother on the family farm.
In his ruling, Mr Justice Boyd remitted the action to the County Court, with the costs of both parties to be considered costs in the cause. The decision sets the stage for a legal showdown in Limerick’s judicial arena, where the intricacies of the collision and the subsequent legal battle will unfold in due course.
This case not only underscores the legal complexities surrounding motor collisions but also sheds light on the physical and financial repercussions faced by individuals involved in such incidents. The impartial judicial process will play a pivotal role in determining the culpability and liability in this collision case in the heart of Limerick.
Evening Herald (Dublin) – Monday 15 December 1913
