A company which owns Mount Jerome cemetery in Dublin has undertaken before the High Court to permit a flower seller to store her flowers in a container in the cemetery grounds over the Christmas period.
Ms Patty O'Connor (45), of Oliver Bond House, Dublin, claimed she had been selling flowers outside the cemetery gates for 25 years and stored her flowers overnight in the container. However, when she arrived at the cemetery last Friday, she alleged her flowers had been thrown on to the public road.
On Monday, Mr Justice Kearns gave Ms O'Connor leave to bring proceedings against the General Cemetery Company of Dublin, which owns Mount Jerome Cemetery, Harold's Cross.
She had told the judge the company's actions in Christmas week could not have come at a worse time.
Yesterday, Ms Maire Whelan, for the company, said Ms O'Connor's solicitors had written to her clients' solicitors on November 26th last stating that Ms O'Connor considered the container dangerous.
Counsel said the company had terminated Ms O'Connor's use of a gate lodge within the cemetery 13 months ago.
Ms O'Connor was now claiming that she would hold the cemetery owners liable for any negligence in relation to the container. That was a serious threat.
Mr Justice Kearns said he would have thought, coming up to Christmas, the provision of flowers to families of deceased persons was something that should be to the forefront.
Ms Whelan said Ms O'Connor had alternative accommodation adjacent to the cemetery and the use of a shop. She had wanted the cemetery owners to connect electricity to the container.
Her clients denied throwing Ms O'Connor's flowers on to a public highway. They had been laid on the footpath outside the cemetery, counsel said.
Ms Whelan told the judge later her clients would give an undertaking that Ms O'Connor could use the container and Ms O'Connor should use her best endeavours to obtain public liability insurance for the container.
The hearing was adjourned until January 11th.