Deceased was attending to empty tubs at the back of the pit, close to an incline of 1 in 7 down which tubs ran by gravity from a raised gangway to the bank level. A stop block was provided at the top of the incline to check tubs there, but was put out of action by deceased himself. The rails on the incline had outside guards of 9-inch baulks which ordinarily appear to have been sufficient to prevent tubs falling over, but in this instance the tub travelled faster than usual ; the height of the guard was insufficient, and the empty tub left the rails and fell upon him from a height of 4 feet, killing him almost instantaneously