Fitzgerald v. Limerick Corporation [1984] IESC 5 (7 June 1984)

The Supreme Court held that Limerick Corporation was liable for the damage caused due to its failure to perform its statutory duties, which amounted to a public nuisance affecting the appellant.

Citation: [1984] IESC 5
Parties: Appellant: Fitzgerald; Respondent: Limerick Corporation
Jurisdiction: Ireland
Judgment Date: 07 June 1984
Procedural Posture: Civil Appeal / Supreme Court Judgment
Outcome: appeal allowed
Legal Topics: Liability of Local Authorities, Public Nuisance

Tort Law Local Government Law Liability of Local Authorities Public Nuisance

Case Brief

Summary, issues, holding and outcome

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Parties

Fitzgerald

Appellant

Limerick Corporation

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

1 Whether Limerick Corporation was liable in tort for damages caused to the appellant
2 Whether the actions or omissions of the local authority constituted a public nuisance

Ratio Decidendi

The Supreme Court held that Limerick Corporation was liable for the damage caused due to its failure to perform its statutory duties, which amounted to a public nuisance affecting the appellant.

Court Disposition

appeal allowed

Orders

Judgment in favour of the appellant
Damages to be assessed