Mexborough and Swinton Times May 10 1935
Judgement for Denaby Colliery
A question of whether the Brodsworth Main Colliery Company, Ltd were entitled to make a deduction from the rent payable by them to the Denaby and Cadeby Main Colleries, Ltd., in respect of the sublease of part of the Barnsley coal seam in the parishes of Brodsworth and Marr came before Mr. Justice Branson in the King’s bench division on Wednesday.
The Brodsworth company sought to make a deduction of rent for the half year to June, 1934, of £400, that being the amount deducted from the rent payable to them by Barbara Walker and Co. Ltd. as a result of expenditure which had been incurred by Barbara Walker and Co. on drainage works imposed by the Doncaster Area Drainage Act, 1929.
Mr. Justice Branson, giving judgement, said the lease between the Denaby and Brodsworth companies contain a clause which provides that the defendants the Brodsworth company, should undertake the burden in future of any kind of charge imposed by statue upon the land, and the defendants undertook to the bear the charge with certain specified exceptions, including landlords property tax and any kind of cable by the lasses to the exclusion of the lessees.
In his Lordship’s view the drainage charge was not such a tax as was the specified, and it was a burden which had to be borne by the defendants, and could not be thrown back on them by the plaintiffs.
The Denaby and Cadeby Company were therefore entitled to the £400 they claimed and there would be judgement for them for that amount with costs.