Yorkshire Evening Post – Friday 04 March 1898

A Gruesome Topic.
Should Miners Cease Work When A Fatality Occurs ?
A Case for Arrangement Between Masters And Men.

In A Divisional Court of the Queen’s Bench, this morning, composed of Mr. Justice Wright and Mr. Justice Darling, Mr. CRIpps, Q.C., supported an appeal by the Denaby Main Colliery Company against a decision of the West Riding Justices a case which they brought against miner named Fenton for 5s, damages for having wrongfully absented himself from work.

Counsel said the matter was small, but affected a large number men. It was part the conditions of the contract between the parties, that a fatal accident occurred in the mine and the person died, any workman was entitled to leave the pit for the rest of the shift.

At the Cadeby Colliery a boy was crushed and was extricated by Fenton. The lad was removed unconscious and died within two hours. Fenton left his work, and was therefore brought before the magistrates, who accepted his defence that had left his work the bond-fide belief that fatal accident had occurred.

In the argument which ensued the point was raised whether the death must occur the mine whether was that fatal accident must occur in the mine and death ensue elsewhere, before a man could absent himself from work.

Mr. Justice Wnght said on the face of the contract was that if a fatal accident resulted the mine a workman might leave for the rest of the shift was not for the Court to spell out the meaning of the contract, and the case was insufficiently stated it must go back.

Mr Atherley Jones, Q.C., for the respondent, contended that a fatal accident in the mine did not mean that the person must die in the mine, and in addition the Justices held that the respondent acted under bona-fide belief that the accident was fatal.

Mr. Justice Wright said he thought it was of practical importance to stop a mine, and suggested a meeting the employers and workmen to ascertain their idea of the meaning of the contract.

Mr. Cripps said if they went outside the test of death the mine work might be stopped in a variety speculative circumstances in case of accident. The point was very important, and would, perhaps, be well that the employers and men should confer.

After considerable argument Mr. Jones objected to the case being sent back, and in the result the Court held that the words “fatal accident in the mine” cover the circumstances of this case, but suggested that the parties should meet and put in writing whether it was really meant that the death from accident must occur in the mine.

The appeal was dismissed, the Yorkshire Miners’ Association not asking for the costs, and intimating through counsel that they were prepared to meet the employers amicably.