Harriet Morris v. The Denaby Main Colliery Company

The plaintiff Harriet Morris sued the Denaby Main Colliery Company for £218 compensation for the loss of her husband, who, it was alleged was killed in March last through the negligence of the defendant Company.

Mr. Harris, (of the firm of Potter, Brown & Co., Rotherham) appeared for the complainant; the Company were represented by Mr. Barker barrister, of Sheffield.

John Tracy said he was until quite recently in the employment of the defendants, and had been in their employment over 12 months. He worked with the deceased and some other men excavating a place in the workings for the purpose of building an engine house. The excavation was 14 feet from the roof to the floor and 16 feet between.

Mr. Barker said he had a plan of the workings which was made for the purpose of the Coroner’s inquest, in which all the dimensions were marked. Witness said he did not understand plans, but could tell where he was working at the time. Resuming his evidence, he said inside the excavation was a two feet wall on each side. The 16 feet measurement was from the inside of the walls. Shortly before the 17th of March a scaffold was erected for the purpose of getting stone down. Witness, the deceased, Blake, and Hopkinson built the scaffold. It was constructed of four baulks from wall to wall six inches square. They were 20 feet long and laid on the top of the walls he had mentioned, which were about six feet high. The four baulks were not fixed, but laid loose on the walls. Across the baulks were placed boards of an inch in thickness for the purpose of standing upon to carry on their work. They all worked alike and received the same wages. No one of them present had any authority to give orders to the others. The boards laid across the baulks were placed at right angles, and were so situated that the stuff from the roof could fall through. For a fortnight the boards were allowed to remain apart. When they first started at the platform a man named Oswald ordered them to do the work. He received no orders until the Thursday concerning the getting of stone. Previous to the Thursday they had been letting the stuff fall on the ground below. He had been working from 10 o’clock at night to get the stone down. Up to that time he had been working to get the stone down while the colliers were at work. No one was then allowed to go. From six in the morning to late at night work was going on below, and colliers were passing and repassing under the scaffold continually, in addition to a number of horses. On the Thursday, the 15th of March, he had orders given respecting the manner in which the work was to be carried on by Wm. Oswald. Morris, Hopkinson, and Blake were working with him when the orders were given. Oswald told them to go on the afternoon shift and sent some boards to cover the scaffold in to keep the stuff from falling through, so that no one would be injured. In consequence of that witness and Blake worked on the Friday afternoon.

Before that period Oswald said that Tracy and Blake had better work on the afternoon shift and get the stuff on the scaffold. The first afternoon that he worked was on the Friday. Before he started working he covered it in with a few battens which were sent down the pit for the purpose. They were the boards which Oswald said he would send. He went on to work at two o’clock—the afternoon shift was from two o’clock to ten. That was the first time that stone had been got down during the time people were working below. When he and Blake left off work, Morris and Hopkinson came on. Up to the Friday all four had worked on one shift. When Morris and Hopkinson proceeded to work it was 10 o’clock. At that time there were about seven or eight tons of dirt on the scaffold. They left work and he went on at six o’clock on Saturday, when there were about two tons only left on the scaffold. During the night five tons of stuff had been removed by Morris and Hopkinson. He and Blake resumed work on Saturday morning at six o’clock, when Oswald told them to go on with their work and get as much stuff down as they could. He received orders from Oswald to go on working on Saturday night. The underground viewer Chambers gave him orders to take a prop up so that they could do the work easier and he did so. The stuff which came from the roof fell on the scaffold. He continued working until 2 o’clock on Saturday afternoon when there would be from 16 to 20 tons then on the scaffold. He spoke to Blake and told him that the weight was sufficient to break it down.

On the Thursday when they were first ordered to work in the afternoon he received orders from Oswald. Morris at the time said he should not have that much “muck” got on the scaffold as it was unsafe and not strong enough to carry it. Deceased said this to Oswald, who asked him what he wanted. Morris also said the scaffold was not fit for anyone to go under and he would not take any responsibility in the matter. Oswald said he should send some stronger baulks but they did not arrive. He was not present when the accident occurred. He had worked in the same place since and the baulks were stronger and more numerous. Morris was a workman. A “chargeman” was a man who had charge of a shift and received higher wages than a workman. A chargeman should see that stuff was got and to sign his name and give an account of how he had left his place. He had seen the men take reports into the office. A person who had to make reports, and who received no more money than an ordinary workman was not a chargeman. Morris received 4s. 8d. per day, the same as he (witness) did. They both received the same wages and did the same work.

By Mr. Barker: There was not a chargeman to every shift. There were four districts in the colliery, and Wm. Oswald was the deputy for the district in question. John Holt and Joseph Hartborne were the sub deputies, and there were none under them except “doggies” over the drawers. All four had to superintend the work of the erection of the scaffold. He did not know that Morris gave the order for the timber, and he would swear that Morris did not order the timber to his knowledge. He would never Morris had not the superintendence of the erection of the scaffold. They obtained the battens on the instructions of Joe Hartborne. Oswald sent for the battens because they asked for them. On Thursday Morris told Oswald that the scaffold was not strong enough to bear muck while people were going underneath. Witness considered it was not safe. He was not in the employment of the Denaby Main Company. He left on Tuesday last. He had assaulted Charlie Rogers, who was “doggy”.

By Mr. Harris: He got notice to leave from the Company a fortnight previous. The charge and notice to leave took place after he had made a written statement to the solicitors concerning the platform.

Wm. Blake collier, Denaby, said he was working at the scaffold up to the time of the accident on the 17th March. He had worked at it since. He recollected the work being divided into shifts two days before the accident. Up to that period he, with Tracy, Hopkinson, and Morris had worked together and had been working from 10 p.m. to 6 a.m. Until the Thursday night no dirt was got down after those hours, as persons were in the habit of passing backwards and forwards underneath. He corroborated the evidence given by Tracy with respect to the arrangement of the scaffold both before and after they worked in shifts. He did not know who ordered the battens, he supposed Morris and Oswald ordered them between them. Oswald said he wanted some one to work in the afternoon. Morris asked him who was to go to work in the afternoon, and Oswald said Tracy and Blake; Oswald gave Morris the order to put the battens on the scaffold. He said nothing at all to Oswald about the weight on the scaffold. He obtained 4s. 8d. per day, the same as Tracy. After the accident five baulks were put up.

By Mr. Barker: Morris was in charge of the shift and they had to work under his orders. He had worked nearly twenty years in the pit. The charge-man was entrusted with the duty of examining and seeing whether the scaffoldings were put up right. He could be supplied with what he wanted in the shape of stores and materials. Oswald said he would tell Morris to shift some of the dirt off the platform.

William Morgan, a bye-workman, employed at Denaby Main, said he saw James Morris working there, and observed him go on the scaffold on the 17th March. At that time there was about six tons of dirt on it. He went on the scaffold and was upon it when it fell. He heard Walker call out to Morris. Walker was underneath. Morris was on the scaffold. Walker told Morris that he believed the bar was giving way. Morris said, “Not it.” Morris assured him he was not afraid of the scaffold, and that was the last words he heard him say. The scaffold then fell. Witness was not hurt—Walker’s foot was injured. The scaffold fell from the weight on it—nothing fell from the roof. He gave evidence at the inquest. He had worked at the new scaffold which had five bars from eight to ten inches thick. He was ordered to go to his work by Oswald. He went to his work at three o’clock, and the accident happened near five o’clock. Morris was killed by the fall of the scaffold.

By Mr. Barker: He was ordered to work by the deputy, and Morris afterwards directed him what to do. He knew what a charge-man was, and Morris had charge of that particular shift. Oswald came on to the scaffold about four o’clock when Morris was there. Oswald ordered Morris to move the stuff off the scaffold as he wanted it to be removed in order that some iron girders might be placed there. Morris pulled the last piece of stone down. There were plenty of tubs to put the dirt in. When Morris went down to look at the scaffold witness heard him say that he was not afraid of its falling.

By Mr. Harris: It was his first shift at the work. A charge-man had more responsibility than the ordinary workman. He had seen a charge-man sign a book. There was no one under Mr. Oswald and over him (witness) that he knew.

After the speeches of the representatives of the plaintiff and defendant, His Honor considered that the case was not proved and non-suited the plaintiff.