294 / 338
was not liable to insure his passenger, it then became
necessary
to join the Official Assignee for the
purposes of conformity.
The action was heard by Mr. Justice McLoughlin
and a Jury, on the :6th February 1959, and after five
days' hearing the Jury dismissed Irish Shell from the
action and awarded £87,401 damages against the
first-named defendant, no Order being made against
the Official Assignee.
The first-named defendant appealed against the
amount of the award and in December 1959 the
Appeal was heard by the Supreme Court, and in a
reserved Judgment the Court (Maguire, C. J.,
Lavery, Kingsmill-Moore, O'Dalaigh and Martin
Maguire, JJ.) unanimously allowed the appeal with
costs, and ordered a new trial limited to the amount
of damages.
The Plaintiff then re-served Notice of Trial and
the re-trial took place in May 1960 in the High
Court before Mr. Justice Teevan and a Jury. On
the second day of the re-trial, terms of settlement
and consent were agreed between Counsel, subject
to suitable arrangements being made to deal with
the bankruptcy position before such settlement was
implemented.
Negotiations then took place between the parties
and the Official Assignee, which ultimately resulted
in the Official Assignee being paid £1,000 of the
agreed settlement figure of £50,000, the balance of
£49,000 being paid to the Plaintiff.
The complications that arose in this case are not
likely to arise again once the Road Traffic Bill, 1960,
becomes law, as under it liability to passengers will
have to be covered and no question will then arise
of damages awarded against a bankrupt defendant
having to go into the bankruptcy to enable the
creditors to be paid
zo/~
in the £.
It is interesting to note that, in McMorrow's case,
if the damages had been treated as belonging to the
bankrupt's estate, the entire costs and expenses of
the bankruptcy and the payment of zo/- in the £
to the creditors would have been paid out of the
damages and the balance only would have been paid
to McMorrow. His damages, therefore, would not
have ranked for a dividend.
(McMorrow
v.
Knott, Irish Shell Ltd. and Clancy
—unreported.)
NOTE.—In a similar case in Northern Ireland, an
award of £50,000 made to the Plaintiff, a girl
who was paralysed from the neck downwards
as a result of a road accident, was upheld by the
Northern Ireland Court of Appeal in March
1960.
OBITUARY
MR. PATRICK J. NEILAN, Solicitor, died on the aoth
December, 1960, at his residence, Ratharane, Abbey
Street, Roscommon.
Mr. Neilan served his apprenticeship with the late
Mr. Michael J. Heverin, Roscommon, was admitted
in Michaelmas Sittings, 1911, and practised at Ros
common under the style of Messrs. Patrick J. Neilan
& Sons.
MR. JOHN W. O'GoRMAN, Solicitor, died on 29th
December, 1960, at his residence, South Mall,
Lismore, Co. Waterford.
Mr. O'Gorman served his apprenticeship with the
late Mr. Edward A. Ryan, Dungarvan, Co. Water-
ford, was admitted in Trinity Sittings, 1926, and
practised at Lismore, Co. Waterford.
MR. JAMES CODY, Solicitor, died on nth January,
1961, at his residence at Bagenalstown, Co. Carlow.
Mr. Cody served his apprenticeship with the late
Mr. Charles H. Thorp, Bagenalstown, was admitted
in Easter Sittings, 1928, and practised at Bagenals
town under the style of Messrs. James Cody & Son.
MR. MICHAEL F. FLANAGAN, Solicitor, died on 25th
January, 1961, at a Dublin hospital
Mr. Flanagan served his apprenticeship with the
late Mr. John C. Garvey, Castlebar, Co. Mayo, was
admitted in Easter Sittings, 1952, and practised at
Castlebar under the style of Messrs. Garvey, Smith
& Flanagan.
INDEX OF STATUTORY
INSTRUMENTS
published since August, 1960
AGRICULTURE, LANDS AND FISHERIES.
SUBJECT MATTER AND REFERENCE NUMBERS.
Bacon Pigs Production Levy—258/1960.
Bacon Sales Levy (Home Consumption) Suspending Orders—
214/1960, 230/1960, 257/1960, 8/1961, 28/1961.
Bovine Tuberculosis—Co. Clare and Co. Limerick North of
Shannon declared attested areas after 4th February 1961—
17/1961.
Bovine Tuberculosis—Co. Donegal, Co. Mayo and Co. Sligo
declared attested areas after 5th December 1960—
236/1960.
Bovine Tuberculosis—Counties Kildare, Louth, Meath, Offaly
and Baltinglass District to be clearance area after ist
March 1961—38/1961.
Bovine Tuberculosis—Co. GaKvay to be an attested area from
2oth January 1961—9/1961.
Bovine Tuberculosis—Co. Leitrim and Co. Roscommon
declared attested areas after I3th February 1961—29/1961.
Bovine Tuberculosis—Movement of Cattle in Counties Cavan,
Longford and Monaghan regulated after izth December
1960—248/1960,
82