Making an Irish Free State City – Damage to property awards

The Damage to Property (Compensation) Act 1923 was passed by Dail Éireann on 12 May 1923. The aim of this legislation was to enable claims for damages to personal property that happened after 11 July 1921 – the date of the Truce between the Irish Republican Army and Westminster, and up to 20 March 1923, which covered the period of the Irish Civil War.

The hearings of applications for compensation under the Damage to Property Act for Cork city were held across the winter of 1925. An article in the Cork Examiner on 6 October 1925 provides a write-up on one of the hearing days. The hearing was held at Cork Borough Circuit Court by circuit court judge Kenny. The focus of the hearings was on the damage that ensued during the taking of the city by Irregulars or Anti-Treaty IRA forces in August 1922. Roads were blocked and key municipal buildings secured. The Free State National Army came by water to Cork Harbour and to Passage West in order to secure access to the city.

In the application of the Cork Corporation for compensation for the destruction of the premises known as Tuckey Street Barracks, judge Kenny made a decree for £1,703 11d. Thomas Ireton, town clerk, gave evidence as to the burning of the premises by the Irregulars on 10 August 1922. The space had been a library space for the corporation. The building was insured by the corporation, but not against “civil commotion”. Evidence was also given by George Osborne who was the local architect to the Board of Works.

A claim of Terence Grove-White, who was serving in the Royal Engineers, was made in respect of a kit taken from him and retained by the Irregulars in 1922. On 21 July 1922 the applicant was on his way to Dublin to volunteer for service in the National Army. He was taken off the SS Classic by armed men and brought to Union Quay Barracks. He was released after some time, but his kit was retained, and he never got it back. Judge Kenny gave a decree for £15.

In an application from the Cork Motor Company of MacCurtain Street, the company claimed for £117 2s 6d for motor car requisites commandeered by the Irregulars and for repairs done to motor cars. Judge Kenny gave £65 for damages. Evidence was given by George Wyse, manager of the applicants’ works, that on various dates during the months of July and August armed men entered the premises and commandeered the goods set out in the claim. Another witness Mr O’Connor noted that they were not regular, but irregular customers. At the case hearing Mr O’Connor claimed that he was told he would get paid at Union Quay Barracks on presenting the bill. Mr O’Connor detailed that he went to the barracks several times, but could not get any payment.

A claim for £82 10s was made in respect of the claim of Thomas O’Gorman, North Main Street, in respect of goods alleged to have been taken after the evacuation of the city by the Irregulars in August 1922. Judge Kenny gave a decree for £10 14s in respect of a smashed window and gave £82 10s. in compensation for the goods taken.

A decree for £27 17s 8d was awarded in respect of the claim of Messrs. Dwyer and Co. for goods looted in August 1922.

The Cork Corporation were granted a decree for £10 in respect of a motor scavenging lorry commandeered by the Irregulars on 8 August 1922 and subsequently found in a damaged condition outside the city. The cost of repairing it was £40.

Messrs Guys and Company, Printers and Stationers, St Patrick’s Street, claimed compensation for printing done for the Irregulars and for ordinance maps and stationary supplied at various intervals during their occupation of Cork city. Judge Kenny set £62 16s 3d as damages.

Messrs William Kinmonth and Sons, Cork, claimed £347 10s for loss of service of Guy motor lorry commandeered by the Irregulars on 14 April 1922. Judge Kenny set £55 16s 2d as damages.

A decree for £245 14s 6d was granted in the case of the Cork Gas Consumers Company, who claimed for compensation for destruction of meters and gas, as a result of the burning of the military and police barracks by the Irregulars on the 10 August 1922, when they were leaving the city.

Daniel Leonard, Cape Clear, applied for £393 5s 0d, compensation in respect of damage to his motor vessel, the Carbery Queen, by rifle and machine gun fire on 5 September 1922, at Passage West. When he was coming up the River Lee, Carrigaloe side, Passage West, near which a large force of Irregulars was posted, rifle and machine gun fire was opened on the vessel. The gunfire penetrated in a number of parts, doing serious damage to the hull. He tried to seek cover as best he could, and ran towards the pier, and in doing so the hull got damaged. The investigator had agreed that damage to the extent of £100 was done by the gunfire, and that £80 would cover the damage, which resulted from contact with the pier. Judge Kenny gave £180 in compensation.

David J Long, jeweller, 32 Washington Street, was awarded £25 compensation in respect of his claim for £54 0s 9d for damage to a window and to jewellery in the shop window by a bomb thrown at a military lorry when passing through Washington Street on 22 December 1922.

Major Aldworth, Newmarket, claimed £383 for a two-seater Wolsey car commandeered by the Irregulars from the premises of Johnson and Perrott in 1922. Mr Canty, of Messrs Johnson and Perrott, said the car was worth £180 the day it was taken from the works by armed men. The government investigator, Mr Riordan, valued the car at £57 and noted that it was 11 years old and was not commandeered by armed men. He related that was taken by two men from the Newmarket district, where the major lived. They had made two or three visits to the works, prior to taking the car, to see how the repairs were progressing. Judge Kenny gave £100 in compensation.