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Limerick Labourer Wins Compensation Appeal |

Limerick Labourer Wins Compensation Appeal

In a significant ruling at the Court of Appeal yesterday, a compensation award was confirmed for a Limerick labourer, Michael Guerin, following an accident during his work duties. The appeal, presided over by Lord Chancellor, Lord Justice Holmes, and Lord Justice Moriarty, involved Michael Tobin, a contractor, and James McMahon, Ltd., the respondents, in a case concerning the application of the Workmen’s Compensation Act.

Guerin, a hatch man employed in unloading a cargo of cement from a ship at the Limerick quay, sustained injuries while at work. The incident occurred when a horse, attached to one of the carts used in the cargo discharge, snapped at Guerin as he returned to the ship after going ashore. In his attempt to evade the horse, Guerin was thrown onto the ship, injuring his knee cap. This resulted in an eleven-week confinement for Guerin.

The County Court Judge of Limerick had initially directed Tobin, the contractor, to pay compensation at a rate of £1 per week to Guerin. However, Tobin appealed this decision, arguing that Guerin was not acting within the scope of his employment at the time of the accident.

The Court of Appeal, after thorough consideration, found evidence to support Guerin’s claim that he was indeed acting within the scope of his employment when the accident occurred. Consequently, they upheld the compensation awarded by the County Court Judge. Additionally, they clarified that Tobin, as the principal, was entitled to be indemnified by the subcontractor, Tyrrell.

Legal representatives presented arguments on behalf of the parties involved, with Mr Phelps representing the appellant, Mr L. CKB. Kelly acting for Guerin, Mr R. Holmes representing M‘Mahon, and Mr M. F. Healy representing the subcontractor.

In their ruling, the Court of Appeal granted costs to all parties except Guerin, who was awarded the compensation as per the County Court Judge’s decision, along with his costs incurred during the proceedings.

The decision sets a precedent for similar cases under the Workmen’s Compensation Act, reaffirming the principle of employer responsibility for the safety and well-being of their employees during the course of their duties.

Dublin Daily Express – Friday 18 December 1914

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