Ambrose -v- Shelvin [2009] IEHC 548 (11 December 2009)

Ambrose -v- Shelvin [2009] IEHC 548 (11 December 2009)

The defendant's act of filling in the breach in the farm pass without providing adequate drainage after the initial flooding was unreasonable and made further flooding foreseeable, rendering him liable in nuisance and negligence for the damage caused to the plaintiff's property.

Citation
[2009] IEHC 548
Parties
Plaintiff: Michael Ambrose; Defendant: Patrick Shevlin
Jurisdiction
Ireland
Judgment Date
11 December 2009
Procedural Posture
Civil / High Court Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Nuisance, Negligence, Flooding, Land Use, Reasonable Foreseeability
Tort Law Property Law Nuisance Negligence Flooding Land Use Reasonable Foreseeability

Case Brief

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Parties

Michael Ambrose

Plaintiff

Patrick Shevlin

Defendant

Procedural Posture

Civil / High Court Judgment

Legal Issues

  1. 1 Whether the defendant's construction of a farm pass constituted an actionable nuisance or negligence resulting in flooding of the plaintiff's property.
  2. 2 Whether the flooding was reasonably foreseeable and attributable to the defendant's actions.

Ratio Decidendi

The defendant's act of filling in the breach in the farm pass without providing adequate drainage after the initial flooding was unreasonable and made further flooding foreseeable, rendering him liable in nuisance and negligence for the damage caused to the plaintiff's property.

Court Disposition

Judgment for the plaintiff

Orders

  • Decree for the plaintiff in the agreed sum of damages