The Law Reports (Ireland); Published Under the Control of the Council of Law Reporting in Ireland, Containing Reports of Cases Argued and Determined in the Court of Appeal, the High Court of Justice, and the Court of Bankruptcy Volume 20

The Law Reports (Ireland); Published Under the Control of the Council of Law Reporting in Ireland, Containing Reports of Cases Argued and Determined in the Court of Appeal, the High Court of Justice, and the Court of Bankruptcy Volume 20

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1888 edition. Excerpt: ...lighted, from sunset to sunrise; and if any such person shall refuse or neglect to erect any such fence or hoard or platform, with such hand-rail as aforesaid, or to continue the same respectively standing and in good condition during the time aforesaid, or shall not, whilst the said hoard or fence is standing, keep the same sufficiently lighted from sunset to sunrise, or shall not remove the same, when directed by the surveyor, within a reasonable time afterwards, then every person so offending shall, for every offence, forfeit a sum not exceeding 1 per day during the period such ofl'ence shall continue." The defendant Peel was the owner of a house which was in course of erection under an agreement with the other defendant, Carmichael, who was the builder. The place in which the accident occurred was an open space which only took the form of a street by a kerb being turned on one side. It was a continuation of a street called Court-street. There was no hoarding put up, such as the Corporation requires when buildings are to be erected in public streets; but there was a temporary protection put up in Perthstreet, in which the house was a corner house, making the angle with Court-street. Johnson, J., directed a verdict for the defendant Peel. The jury found a verdict against the defendant Carmichael, with 20. A conditional order having been obtained by the plaintiff to set aside the verdict for the defendant Peel Orr, Q. O'. (with him.Harris0n), for the defendant Peel, showed cause: Even assuming that the place where the accident happened was a. street, when a. statute creates a duty, and at the same time imposes a penalty for the breach, no other right of action arises: Belfast Local Improvement Act, 1845, ...show more

Product details

  • Paperback | 234 pages
  • 189 x 246 x 12mm | 426g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236778006
  • 9781236778000