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An 18-year-old Jim attends Tullow Petty Sessions with his father John Doyle. The Nationalist and Leinster Times records the session:

Mr. J.J. Molloy, D.J., adjudicated at above monthly Court on Friday. Mr. Seamus Leonard, Registrar, was in attendance.

Mr. T. Doyle, solr., said there was a case of James Doyle and his father, John Doyle, v. Wm Kearney, farmer, Orchard. Mr. Doyle said he appeared for the complainants. The case was adjourned the last day on the application of Mr. Roche, solr., for defendant on a doctor's certificate being produced.

Mr. Doyle said the application was in respect of an order made under the Workmen's Compensation Act whereby defendant was ordered to pay 10/- a week to the plaintiff, James Doyle, Ballyredmond, who lost a finger. He had issued orders about the instalments, and the application was in respect of £23 6s. 6d., which was due from the 25th November 1925. There was no procedure under the Workmen's Compensation Act to issue decrees, except to issue orders as the instalments become due. Defendant was sworn, and in reply to Mr. Doyle stated he had 45 acres of land at Orchard at a rent of £26 16s. 3d. It was bought out under the recent Land Act.

Mr. Doyle - Have you any stock? Defendant - No, sir. I had no stock when the original decree was made.
Do you remember when Doyle met with the accident? - Yes, sir.
He was cutting corn for you? - Yes.
What stock had you at that time? - I could not rightly say.
How many cows had you? - Four.
How many calves?- Six.
How many horses? - Two
Had you any sheep? - No, sir.
Had you pigs? - I think I had four pigs.
What farm implements had you? - What was necessary for the farm.
You had a binder? - Yes.
What did it cost? - Thirty pounds.
You had the usual costs, etc.? - Yes.
After the decree what did you do with these things? - After the accident happened I had to give up farming.
Had you an auction? - Yes, sir.
You had a clearance sale? - Yes, sir.
How much did it realise? - Two hundred pounds.
What did you do with that? - I had liabilities to meet.
Didn't you know arrears were due? - Yes.
Did you pay him anything on foot of it? - Yes, sir.
How much? - I paid him up to £80 or £90.
What made you hold this clearance sale? - I could not carry on. I could not pay him 10s. a week.
Was it for the purpose of defeating his claim that you had this sale? - It was not.
After the sale what did you do with the land? - I let it.
Through an auctioneer? - Yes, sir.
How is this boy going to live? - He is working.
Is he able to work as well as ever? - He is working for his father.
Don't you live opposite to him? - Yes.
What land has he? - I suppose he has five or eight acres of land.
You know very well it is a small holding? - I know it is.
His father is a poor man? - He is working...

Justice- Do you realise that this boy met with an accident and that it more or less incapacitates him from work?
Defendant: He is working.

You took the steps to have the order reviewed? - I did, sir.
And you failed? - Yes, sir.
You are a fairly substantial farmer and surely you could make an attempt to pay this boy? - Under the circumstances how can I?
Then your attitude is that you refuse to pay? - It is not that I refuse. I cannot. I have only £38 to live on after paying the rent.
That is due to the way you have cleared the place of stock.
Mr. Doyle - You had £200 on your own admission? - Defendant: I could not carry on.

The Justice made an order for the payment of the full amount forthwith.



James & John Doyle v. William Kearney | Tullow District Sessions

Open to view transcript.


Owner/SourceNationalist and Leinster Times; Page 3; Published 4 September 1926
Date4 Sep 1926
Linked toJames Joseph Doyle; John Doyle

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