Mexborough & Swinton Times – Saturday 2 July 1904
A Private Road.
A Peculiar Case From Denaby.
Benjamin Wortley, a contractor, of Doncaster, was summoned for leaving an open drain insufficiently fenced, at Denaby, on the 16th June.
Mr. Baddiley defended.
P.C. Richardson stated that at 11-30 p.m., on the Thursday, 16th June, he was on duty in Tickhill Street, in company with P.C. Horton, when they found a drain about 20 yards long. It varied in depth from 4 to 6 feet. There was a single pole, about 2 feet 6 inches from the ground, running down each side resting on trestles. They were not fastened in any way, except on simple poles. There was no light, and no one was in charge. He saw Mr. Wortley the next day, and asked him about the matter. He said it was a private street, and it did not require it.
Mr. Baddiley: “It is a private street, and is maintained by the Denaby Company.”
P.C. Richardson said that it was so. He had seen hawkers’ carts in it.
P.C. Horton gave corroborative evidence.
Mr. Baddiley said that the street belonged to the Denaby Main Colliery Company, and the police had nothing to do with it. The County Council had nothing to do with it. Everything in it belonged to the company, even the sewer which Mr. Wortley laid himself.
The Chairman: “I understand that your defence is that it is a private street?”
Mr. Baddiley: “I have a good answer to the facts.” Continuing, he said one end of the street was stopped every week.
Mr. Wortley gave evidence. He had a watchman watching the drain up to 10-30 each night. It was perfectly safe.
The Chairman said the bench thought the sewer was sufficiently guarded. They thought that the proceedings ought to have been taken for not having a light, but he was not charged with that now.
The case would be dismissed.