105 / 294
(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.
104