160 / 736
the contract that the relationship was otherwise
was irrelevant; In the circumstances of this case L
was a servant and not an independent contractor.
(Ready Mixed Concrete (South East) itd. v. Min
ister of Pensions and National Insurance 2W.L.R.
(1968) 775).
Subsequent amputation of injured leg due to other
causes; effect on damages for first injury
In assessing damages in respect of injuries to the
plaintiff's leg received in a road accident the Judge
would have taken into account the plaintiff's fut
ure discomfort, pain, restriction and loss of earn
ing potential. Before the hearing of his action the
plaintiff was wounded in an armed robbery and
as a result the injured leg had to be amputated.
The plaintiff relying on Performance Cars Ltd.
V. Abraham (1962) 1 QB 33 submitted that the
loss of the leg did not affect the amount of dam
ages which he could recover. The defendant con
tended that since after the amputation the plain
tiff would suffer no further pain in his leg, and
since any reduction in earning capacity or loss of
the amenities of life would flow from the amput
ation, for which the defendant was in no way
liable, the Court should assess damages on the bas
is of a temporary incapacity which ceased on the
date of the amputation. It was held that there was
a distinction between a supervening event which
prevented an anticipated loss occuring, and one
which caused a greater loss, whether or not of
precisely the same kind, in which the anticipated
loss was merged or submerged, as in the present
case. Accordingly the plaintiff's actual and pro
spective loss flowed from the defendants negligent
act had not been reduced by the subsequent loss
of the leg and damages should be assessed without
reference to the subsequent loss of the leg.
(Baker v. Willoughby SJ Vol. 112 No. 12 p. 234.)
DEATH DUTIES
The Minister for Finance has made an order
entitled Death Duties (payment in stock of the
6£% Exchequer Stock 1971) Regulations 1968
(S.I. No. 137 of 1968) which provide that 6£%
Exchequer Stock 1961 shall be accepted in pay
ment of a death duty at par value where the de
ceased has been the beneficial owner of the stock
continuously from the date of the original sub
scription in respect of the same up to the date of
the death, or for a period of not less than three
months immediately preceding that date.
MEDICO-LEGAL SOCIETY OF IRELAND
At the Annual General Meeting of the above
Society held at the Office of the Irish Medical
Association on Tuesday 21st May 1968 the follow
ing Officers were elected for the Session 1968/69.
Patron:
The Chief Justice Mr. Cearbhall O'Dal-
aigh.
President:
Mr. Niall St. John McCarthy, S.C.
Vice Presidents:
Mr. Justice Kenny, Mr. D.
O'Donovan, Dr. F. McLaughlin. Dr. B.
Woods, Dr. H. Jocelyn Eustace.
Hon. Secretary:
Miss Thelma King.
Hon. Treasurer:
Captain James A. Kelly.
Hon. Auditor:
Mr. M. B. Daly.
Council:
Mr. Justice Murnaghan, Mr. Brendan
McGrath, Professor P. Meenan, Dr. P. Bofin,
Miss A. B. Cassidy, Mr. E. Fahy, Dr. P. D.
J. Holland, Miss Carmel Killeen, Mr. Mat
thew Russell.
CORPORATE BODIES SOLICITORS'
ASSOCIATION
At the Annual General Meeting of the Association
held on 27
th March, 1968, at the Solicitors'
Buildings, Four Courts, Dublin,
the following
Officers were elected:
Chairman:
Brendan A. McGrath.
Honorary Secretary:
M. J. Leech.
Honorary Treasurer:
Charles Hyland.
Committee:
Messrs. William Conway, Patrick
Kiely, Henry Murray, E. Rory O'Connor and
Miss C. Killeen.
Membership of
the Association
is open
to
whole-time
salaried
Solicitors
in
the
State,
Commercial Enterprises, Banks, Local Authorities,
Statutory Bodies and Semi-State Bodies. The
Association would welcome new members and
full details regarding membership may be had
from the Honorary Secretary, C/o The Incorporat
ed Law Society, Solicitors' Buildings, Four Courts,
Dublin.
18