Mexborough & Swinton Times – Saturday 20 August 1904
Denaby Compensation Cases.
At the Doncaster County Court on Wednesday, before His Honour Judge Allen, an application was made, under Order 18, Rule 15, of the County Court Rules for an order to take the evidence of Robert Champion Clarke, a miner, of Denaby, who was injured while working in the employ of the Denaby Main Colliery Company on the 25th January this year. He had filed a request for arbitration under the Workmen’s Compensation Act, and was at present suffering from paralysis of motion, and unable to attend court, and he applied to take his evidence on commission at his residence.
His Honour granted the application.
Mr. G. W. Andrews appeared for the applicant, and Mr. W. M. Gichard for the respondent company.
John Linstead, a miner, of Denaby, brought an action under the Workmen’s Compensation Act against the Denaby and Cadeby Collieries, Ltd., to determine the amount of compensation in respect to certain injuries sustained by him.
Mr. Alexander, barrister, of Barnsley, appeared in support of the application, and Mr. W. M. Gichard solicitor, of Rotherham, represented the respondent company.
Addressing His Honour, Mr. Alexander said he was happy to inform him that he and Mr. Gichard had come to terms, so that His Honour would be relieved of the case. The terms were that Linstead had agreed to accept a sum of £25 in full payment of the claim. It appeared that the applicant was injured at the Denaby Colliery by a fall of coal on April 10th, 1902, and had received compensation at the rate £1 1s. per week from that time until May 16th of this year, when payment was discontinued by the respondents. The question at issue was as to the present capacity of Linstead for work. His giving judgment upon the terms of the agreement, his Honour awarded the applicant costs upon the B scale.