In a recent legal proceeding in the King’s Bench Division, a case titled Davoren v. Fenton garnered significant interest before Mr Justice Gibson and Mr Justice Kenny. The case, which unfolded yesterday, involved an application made by Mr P. Kelly, representing the defendant, to transfer the action to the County Court Judge of Limerick.

The plaintiff, identified as the wife of a farmer from Keale, Ballyorgan, Limerick, alleged assault against the defendant, who also happened to be a farmer from the same district. The crux of the matter revolved around the plaintiff’s claim for damages resulting from the alleged assault.

During the proceedings, Mr Kelly, instructed by Mr Roger Fox, made an application to remit the action to the County Court Judge of Limerick. Notably, the plaintiff’s counsel made an amusing reference to the requested damages, likening the claim to an “inflated” sum, evoking laughter in the courtroom.

Counsel delved into the details of the alleged assault, citing affidavits presented by both the plaintiff and Dr Connery, who had attended to her injuries. According to the plaintiff’s affidavit, the defendant purportedly grabbed her by the wrists, twisted her, and dragged her along the field, resulting in her loss of consciousness. The incident left her with injuries, including bruises on her wrists, confinement to bed for a period, and unfortunate miscarriages.

However, Mr Kelly noted that the doctor’s affidavit did not mention any injuries to the plaintiff’s ribs, raising questions about the extent of her injuries. Amidst the legal proceedings, Mr Justice Gibson sought clarification on whether the plaintiff was a young woman, to which Mr Kelly responded that she was informed to have eight children.

On the defendant’s side, Mr Riordan, instructed by Messrs. Binchly and Sons, countered the application, arguing against the transfer of the action. Despite the defence’s efforts, the court deemed the case fit for the superior court, indicating the gravity of the matter.

Mr Kelly proposed that the action be heard by a judge without a jury, suggesting a trial by assize. However, Mr Riordan affirmed that his client would uphold her rights, indicating a preference for a jury trial.

Ultimately, the court rejected the motion to transfer the action, ruling in favour of the plaintiff and ordering costs against the defendant.

The case underscores the legal complexities surrounding assault allegations, particularly in rural communities like Limerick. With both parties firmly asserting their positions, the matter is set to proceed further in the legal arena, shedding light on the intricacies of justice administration in contemporary society.

Dublin Daily Express – Tuesday 09 November 1915