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A car for charging the coke ovens runs on lines of rails having a 4 foot gauge resting on brick columns placed at intervals on the top of the ovens, the rails are 2½ feet above the top of the ovens. There are tie rods every few feet between the rails. The car is actuated by electricity on the overhead wire system. Deceased was pointing and repairing some of the masonwork and had been told by the foreman to leave the brick columns until the car stopped running at 2 p.m. but he had not followed this direction. While he was engaged on a column and was between the rails the car came along loaded and the driver shouted to him and he stepped clear. The car was emptied and came back empty in about 6 minutes and deceased, who had resumed his work between the rails, was caught by it and crushed between it and the tie rods, two of which were bent. The driver on the return journey could not see readily what was in front at the car and besides expected deceased would have waited outside the rails until the return journey was made.
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