£20,000 claim against corporation

£20,000 claim against corporation

29 Oct 1952

Evidence was given before Mr Justice Budd, in the High Court, by Peter Cullen, Mount Down House Templeogue, in his action claiming £20,000 damages and injunction against Dublin Corporation for an alleged interference with an ancient water-supply to his premises.
He claims an undiminished supply of water from the city weir, an artificial stream, leading from that Dodder at Firhouse to the Poddle, which dates back to 1244.

The Corporation deny any diminution of the supply and that there ever had been sufficient water to drive a mill, and they also deny that Mr. Cullen had a right to just the water. The hearing will be resumed today.

Plaintiff said his father bought the lands in 1916, and the family went to live there in 1917 or 1918. The mill was then tn a ruinous condition, but they put on a new roof and carried out other repairs Originally, there had been a waterwheel in the mill, and they operate a turbine, shafting and a dynamo, and the power generated was used for the working of machines such as a thresher, a bean crusher, a saw bench, and a churn.

Light and heat were supplied to the dwelling house and light was supplied so the out-houses. At that time there was sufficient water there to operate the turbine, and that was the position until 1938 when he noticed ,hat the water supply began to diminish.

LETTERS OF COMPLAINT
In October, 1936. he wrote to the Corporation complaining about the diminution of the water-supply and they replied that it was due to a stoppage by -weeds and they cleaned It up. He made the same complaint in August, 1937, and a Corporation official asked him what he would take to have the E.S.B. current installed and to take away the water. He told the official that the Corporation could install the E.S.B. current at the same rate at which the water passed through the place, that was free for ever. The official then left.

In 1944 the water supply became worse and the position at present was that he had not sufficient water to turn the turbine. Cross-examined by Mr. Fitzgerald S.C. who with Mr. McGonigal. S.C. and Mr. T.P. Bacon (instructed by Mr. D.M.P. Walsh), appears for the Corporation, he said he did not go to his solicitor, until 1948 because he was not in a financial position to institute proceedings.
Henry Connolly, auctioneer, said he valued the premises, with waterpower, at £10,000, and without it at £7.000.
Mr. Powell. S.C., Mr. Bell, S.C., and Mr. J. R. Heavey (instructed by Mr. J. J. O’ Dwyer) are for plaintiff.

View News Article Online