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Dáil Éireann díospóireacht -
Wednesday, 11 Feb 1925

Vol. 10 No. 2

CEISTEANNA—QUESTIONS. ORAL ANSWERS. - CLAIM AGAINST ARMY.

asked the Minister for Defence if he is aware that a military lorry (Y.14202), which, it is alleged, was negligently driven across Inchicore Bridge over the Grand Canal on November 4th, 1924, killed a horse, and that the owner, Mr. Patrick Farrell, has been refused compensation for his loss.

I am aware of the occurrence mentioned by the Deputy. In a case of the kind the Department of Defence is not legally liable for compensation. Moreover, the military driver was using the lorry without authority, and the driver of the horse appears to have been guilty of contributory negligence, inasmuch as the horse was crossing in front of the lorry unattended. It is, therefore, not proposed to make any payment to Mr. Farrell.

Mr. BYRNE

Although his Department may not be legally liable, will the Minister say whether there is any fund from which compensation could be paid in deserving cases such as this, or am I to take it that the Government are going to avail of some law to prevent compensation being paid to people who have been injured by their servants?

As far as I know, in this case there was contributory negligence. As I have stated, in answer to the question, this man allowed his two horses, which were in tandem, to wander across the road. I am sure, were it not for that fact, that some reasonable compensation might be paid to the man, but he seemed to take no care at all with regard to his business.

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