A wonderful image of the Wellington Quay premises of Joseph Dollard, lithographer, letter press printer and account-book maker, from the late 19th century publication ”The Industries of Dublin’ which described it as “a noble building… constructed in 1888 for the wholesale and retail sale of the many celebrated papers and other items of stationery manufactured… [a]long the whole line of quays we know of no structure that can rival [it] either in beauty or in size.”

This building, which still stands proudly today, was nearly never completed due to legal action by Mr John Flynn, owner of adjacent premises at 19 Parliament Street, who argued that by reason of it being of greater height than the previously existing premises which it replaced… the light and air to which he was entitled for the rere of his premises had been materially diminished.

The Freeman’s Journal of 19 July 1888 contains an interesting report on the case of Flynn v Dollard. Mr Flynn’s application for demolition of Mr Dollard’s new premises came before Andrew Porter, Master of the Rolls.

The defence case started off badly when Porter MR expressed his disdain for the evidence of architects called by Mr Dollard’s legal team, stating that, in his opinion, on a question of light and air the evidence of an architect was of neither more nor less value than that of any other intelligent and observant person.

What Porter MR did, however, ultimately consider of importance in rebutting Mr Flynn’s claim, was the evidence of Algernon Smith, a professional gentleman, who deposed that on the 7th of May, in the back part of the plaintiff’s shop, he had opened an abscess in the eye of one of the Flynn children, with plenty of light to do so. According to Porter MR, the ability to conduct such an operation was “a practical test of a severe, bona fide and distinct character, combating the case of the plaintiff, that not only was the light inferior now to what it was before, but so hopelessly bad as to render the premises unfit for business purposes.”

The question of the extent to which a right to light has been infringed by an adjacent building is still one which comes before courts today, though unfortunately evidence such as that of Dr Smith is hard to come by in an era of electric light and custom-built operating theatres. Hopefully Flynn Junior did not suffer any long-term effects from what must have been a very painful experience!

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