The Gazette 1972

(4) Th at the operations of the defendants have caused an infestation of flies and rats. Butler J. found that slurry undoubtedly caused persis- tent offensive smells, and that the choice of site for the houses was unfortunate. Furthermore the transport of slurry in tankers on the road and its spreading was a nuisance until the Spring of 1969. Until recently, the complaint in regard to dust and smell at the time the brooder houses were being cleaned out was justified, but not on any other occasion since. The infestation of flies and of rats was not properly proved. Recently the defendants have acted reasonably to remove the objec- tionable slurry by mixing Alamask with it; these pre- cautions have reduced any objectionable smells from the use of slurry. An injunction is not called for in the circumstances, most plaintiffs were awarded £25 but Byrne was awarded £500. Plaintiffs are entitled to costs of four days hearing. [O'Gorman and others v Philips; unreported; But- ler J.: 27th May 1971.] Effect of conviction of dangerous driving considered The accused was charged with manslaughter and dan- gerous driving between Cork and Kinsale. He was found guilty of careless driving, fined £50, and disqualified for twelve months. The accused was driving a Jaguar on a Whit Monday afternoon on a good-surfaced road. A witness who was driving in the same direction gave evidence that the accused's brother, who was driving a separate car, and then the accused flew past him. A motor cvclist was coming against them, but, owing to the speed at which the accused was driving, he was

unable to avoid a collision, and the motor cyclist subse- quently died from his injuries. It was first contended that the evidence did not justify Judge Neylon from leaving the manslaughter charge to the jury. This contention was rejected, as there was evidence that the accused and his brother were racing at sixty miles per hour. It was further contended that the Judge's charge was wrong because he did not tell the jury that they had to be satisfied beyond reasonable doubt that accused 's driving was the sole cause of the death. It was argued that the jury should be told that, when in a prosecution for dangerous driving, the dead or injured person was guilty of contributory negligence (as was alleged here), they should acquit the accused unless they were satisfied that his driving was the sole cause of the death or injury. The Court considered the effect of Section 53 of the Road Traffic Act 1916 as amended bv Section 51 of the Road Traffic Act 1968. It is clear that the severity of the punishments which may by Section 53 (2) be im- posed by the Court should depend up n the result of the dangerous driving and not on its quality. The offence is the dangerous driving itself, not the consequences of it. Therefore this argument is rejected. If the dangerous driving causes death or serious bodily harm, the condi- tions for the imposition of the heavier penaltv are clearly fulfilled. This is not a matter which can be reduced to a formula because questions of causation are alwavs complex. (The People (A.G.) v Matthew Gallagher; Court of Criminal Appeal (McLoughlin, Kenny and Griffin, J.J".)» per Kennv J.; unreported; 1st March 1972.]

County Tipperary Sessional Bar Association President, John Carrigan, Thurles; Vice-President, Thomas J. O'Reilly, Clonmel; Hon. Secretary, John Carrigan Thurles; Assistant Hon. Secretary, Martin T. Butler, Thurles; Treasurer, Martin T. Butler, Thurles. Committee: Michael O 'Me a r a, Nenagh; Patrick C. Devitt, Roscrea; Francis P. Gleeson, Thurles; A. I. Cunningham, Templemore; John J. Nash, Templemore; Donal G. Binchy, Clonmel; Margaret Morris, Clonmel; Francis Murphy, Clonmel; Joan Kelly, Tipperary; R* D. Kennedy, Tipperary; P. J. McCormack, Tipperary; W. F. O'Connell, Tipperary; Edward Walsh (Birr Division), Birr.

Solicitors' Benevolent Association Retirement of Mr. McCarron

Mr. Eunan McCarron having acted as secretary to the Solicitors Benevolent Association for the past sixteen years has recently resigned. During his period in office the income and grant expenditure greatly increased. Mr. McCarron, however, always regretted that despite

all his efforts so many solicitors failed to subscribe as annual members to such a deserving charity. An advertisement for the vacant position appears elsewhere in this issue, at page 116.

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