A Denaby Compensation Claim

A Penny A Week

At the Doncaster County Court, on Thursday, the Denaby Main Colliery Co. were the respondents in an action brought by Wm. Freeman, a miner, who applied for compensation. Mr. Valentine Ball, of London (instructed by Messrs. J. Haley and Sons, of Barnsley), appeared for the applicant; whilst Mr. W. M. Gichard defended.

Mr. Ball, in opening his case, said the applicant was a miner, employed by the Denaby Main Colliery Co., and in December of 1900 he was working in the mine when a piece of coal struck him on the eye. He left his work, and was attended by a doctor, and on the following Monday—the accident happened on December 22—the doctor gave him some lotion for his eye, and subsequently, on the 1st January, 1901, the applicant went into the hospital at Sheffield, where he remained for five weeks.

During that time he completely lost the sight of his right eye, and his left eye was also affected so much so that whilst in the hospital it was found necessary to lead him about, as he was nearly unable to see. After being an in-patient of the Sheffield hospital for five weeks he was an out-patient for some time.

At the end of 1901 his employers offered to find him some employment, and he endeavoured to do some work—not in the mine, but on the surface; but he found he could not continue owing to his eyesight being affected. Shortly after the accident the question of compensation arose, and the defendant company from a fortnight after the accident, up to the 29th of November, paid compensation to the defendant at the rate of half his average earnings per week. But since the 29th November they had not paid anything. The applicant bore out this statement.

Cross-examined by Mr. Gichard, the applicant said he was unable to work now; he could not get coal.

Dr. M. C. Sykes, of Barnsley, said for 21 years he had had experience of eyes. He had examined the plaintiff the previous Tuesday. The sight of the right eye was entirely gone; and with regard to the left eye the field of vision was much impaired. He did not believe a man like the applicant could work in the mine; it would be dangerous to himself and others if he did so.

Cross-examined by Mr. W. M. Gichard, the witness said that personally he would not allow any man with only one eye to work down a pit.

For the defence, Dr. Stanley Riseley, of Sheffield, was called. For the past five years he had practised as an eye specialist. On the 27th of October last he examined the applicant, and he found that the right eye was perfectly useless. He had carefully examined the left eye, and found it alright; his sight was as good as could be expected of a man of 60 years. In his opinion, there was nothing to prevent the man working.

Cross-examined by Mr. Ball, witness said he certainly suggested that there was nothing the matter with the applicant’s left eye. The optic nerve was not injured in any way. He thought the man was fit to go into the coal mine and work.

Dr. A. G. Reid, of Rotherham, gave similar evidence. Cross-examined, he said he thought the applicant was a malingerer, because he had said that he (witness) had told him that a quarter of his left eye was affected. It was absolutely untrue.

Mr. Gichard said he had three men, all of whom had only one eye, and were at present working in a pit, ready to call, if necessary.

His Honour said in this case he was satisfied that the applicant could do some work, and he awarded a penny a week—that was so, that if the applicant found that he really could not work he would be able to apply, and have the order varied.