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Non-fatal AccidentW. Shipley
Durham Miners' Association
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| Arbitration Committee — 20th February 1924 | |
Report of Proceedings
of
Arbitration Committee Meeting
held in the
The Coal Trade Offices, Newcastle-on-Tyne
On 6th and 20th February 1924
Report of Meeting held 20th February, 1924
County Court Cases.
Chopwell. W. Shipley, 47, hewer.
On 28th December, 1922, Shipley was returning from work when he fell down and bruised his elbow. The question in dispute was whether the place where the accident occurred was the colliery premises or private road, and whether the accident arose out of and in the course of Shipley’s employment.
The road from No. 2 Pit to the village is along the colliery branches up to a point where the workmen leave the line to get on to the main road. Formerly, the men, when they reached this point, had to go down the embankment to get on to the public road, but about 17 or 18 years ago a path with steps was made for the workmen to get to the road.
The Owners contended that from the point where the steps begin was a public road and the public had access to it and used it. We took the case to the Committee on 7th November, 1923, and we failed to agree with the Owners. Our side on 21st November, 1923, decided to take the case to the County Court and it was heard before Judge Moore at Consett on 11th January. The Judge said he would like to see the place of accident and the case was adjourned.
Judge Moore examined the road on 19th January, and he gave his decision at Consett County Court on 8th February, 1924.
In giving judgment Judge Moore said he was of opinion that the road on which Shipley travelled was part of the colliery and therefore the man was running a risk incidental to his employment whilst travelling thereon and he awarded compensation for the time off — 3 weeks.
Source: Documents at the Durham Miners' Association, Redhills, Durham
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