Mexborough and Swinton Times March 28, 1908
Compensation Claims.
Denaby Pony Driver’s Neglect.
At Doncaster County Court, on Wednesday, Charles Stocks (15), Of 2, Annerley Street, Denaby Main, pony driver, made an application under the Workmen’s Compensation Act for compensation from the Denaby and Cadeby Main Collieries Company, Ltd., in respect of an accident sustained by him on October 12th, while he was driving some full tubs. The respondents denied liability, on the ground that the injury was not caused by an accident arising out of and in the course of applicant’s employment, but that it was attributable to his own serious and wilful misconduct.
Mr. R. H. Shepherd, barrister, of Leeds, appeared on behalf of the applicant, and stated that the applicant had been a Pony-driver in the respondent Company’s pit about a month before the accident. Of course, in considering the question of serious and wilful misconduct, there were two features to be considered. The first was the youth of the applicant and the second the fact that he had been employed there only a month. On the day in question, which was a Saturday, he was at work in the ordinary way, and on the 12th October the corves had to be brought to his place by a boy named Bateman, and the applicant had to take them to the next pass-by. About one o’clock he found no corves coming to him, and went in search of Bateman. He got through a doorway on his return, and was close to his own pass-by. Then he did as he had seen other boys do, viz.—put his foot on the line, with the result that be was knocked down and had his leg broken.
Applicant was called, and said that at the time of the accident he was driving in No. 58 Level.
During cross-examination by Mr. W. Gichard, who defended, plaintiff denied that he had been warned against driving in any level save his own.
His Honour awarded the sum of £10 inclusive of the costs, remarking that it must not be understood that he sympathised with those who committed breaches of colliery rules.