Non-fatal Accident

J. W. Gibbins

Durham Miners' Association
Compensation Committee

County Court Cases

2865. Marsden. J. W. Gibbins, 45, pick sharper.

Gibbins was going to his work at 2 a.m. on May 18th, 1918, when he slipped on the curbstone, and alleges that he aggravated the condition of his right knee, which was injured by an accident he received four years ago, and for which he was paid compensation. He was off work one month and one day, and our claim was that he would not have met with this accident in May had he not previously had his knee injured four years ago. The case was at the Committee on August 12th, 1918, and the Committee failed to agree. After being adjourned several times, the case was tried before the Deputy Judge at South Shields County Court on February 6th, 1919. In the evidence it came out that there was a definite second accident to Gibbins on May 18th, inasmuch as he got on to a small piece of stone whilst getting off the curbstone. This Gibbins admitted in Court, and whilst the Judge held that Gibbins' original accident aggravated the injuries he sustained last May, he also held there was a definite second accident in May which Gibbins reported to the employers, and as such accident occurred on the public highway away from the colliery premises the Judge gave his decision in favour of the Owners.

Source: NEEMARC - Ref: NUMDA/6/1/1/1, Reports of the Compensation Department, Vol I covering Sep 1918-Dec 1919

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