Hanrahan v. Merck Sharp & Dohme Ltd [1985] IEHC 36 (7 August 1985)

The court found that the plaintiffs failed to prove, on the balance of probabilities, that the emissions from the defendant's factory caused the alleged damage and constituted an actionable nuisance.

Citation: [1985] IEHC 36
Parties: Plaintiff: Hanrahan; Defendant: Merck Sharp & Dohme Ltd
Jurisdiction: Ireland
Judgment Date: 07 August 1985
Procedural Posture: Civil / High Court Judgment
Outcome: claim dismissed
Legal Topics: Nuisance, Damage From Industrial Emissions

Tort Environmental Law Nuisance Damage From Industrial Emissions

Case Brief

Summary, issues, holding and outcome

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Parties

Hanrahan

Plaintiff

Merck Sharp & Dohme Ltd

Defendant

Procedural Posture

Civil / High Court Judgment

Legal Issues

1 Whether emissions from defendant's factory constituted actionable nuisance
2 Whether plaintiffs suffered damage attributable to defendant's activities

Ratio Decidendi

The court found that the plaintiffs failed to prove, on the balance of probabilities, that the emissions from the defendant's factory caused the alleged damage and constituted an actionable nuisance.

Court Disposition

claim dismissed

Orders

Plaintiffs' claim dismissed
No order as to costs