Damages of £103

In respect of a leg injury resulting from a pit top accident at Cadeby Colliery Walter Earp (42), colliery surface worker of Cliff View, Denaby, claimed £400 damages from the National Coal Board at Doncaster County Court on Wednesday.

He said that as a result of a defective brake a wagon got out of control and he fell over with his leg beneath him. He received an ankle injury and was off work for some time. He said that when wagon brakes were found to be defective it was a practice to chalk a message to that effect on the wagon.

Witnesses gave evidence of the working of the brakes and the method of dealing with defects. Judge A. J. Flint held that there was some contributory negligence by Mr. Flint and a breach of statutory duty by the NCB. He awarded damages of £103