Sheffield Independent, August 12, 1876
Action by Denaby Main Colliers against the Proprietors
Mr Barker for the plaintiffs, and Mr Sanderson Tenannt for the defendant.
The action was brought to recover damages for a breach of contract. Mr Barker, in opening the case, said the plaintiffs, Thomas and James Tooby, were colliers and contractors, living at Conisbrough, which is close to Denaby main colliery. At which colliery they have been engaged 15 years in doing contract work.
In the month of March, 1875, they entered into a contract with the manager, Mr Walters, to enlarge the engine plane at 25 shillings a yard, a clause being inserted in the agreement that the work must be done to the satisfaction of Mr Walters.
After the work had proceeded a while a strike took place at the colliery, the pit was stopped, and the plaintiffs could not work any longer. The strike lasted some seven weeks, and when at the end of that time the plaintiffs wished to resume, Waters told them they had not done their work properly, and they could not be allowed to go down the pit until they had seen Mr Parker, the engineer.
Mr Parker, examined the work the next day, and found no fault. The plaintiffs resumed work, and continued until 11 September, when Walters said Parker had given him orders to stop them, because there was too much dead work going on.
Thomas Tooby went to Parker, who said they did not want any more work doing at the engine plane for two years. Tooby asked him what they were to do, and Parker said he would find them other work, and in about three weeks he put him on at getting coal at so much per ton.
After hearing both sides, a verdict was returned for the defendants.
His Lordship certified for a special jury, and directed execution at the end of four days