Scottish Court of Session Decisions

This was an action of damages at the instance of Michael Flynn, formerly a miner, for injuries received by him while in the employment of the defender Archibald Hood, coal-master, through the alleged fault of the defender.

The pursuer had been a “drawer” in the defender's pit at Rosewell, and on the occasion of the accident which led to this action had been walking down an inclined road or railway in the mine, taking with him a loaded hutch. He averred that, according to the practice of the mine, he had been walking in front of the hutch leaning his back against it to prevent it from moving too rapidly, and pressing his feet against the sleepers in the road; that when he was doing so one of the sleepers which was loose slid away from his foot, as a result of which he fell before the hutch and received injuries which necessitated the amputation of a leg. Further, he averred that the accident occurred through the defective condition of the road, arising from bad construction and repair, it being wanting in sufficient sleepers and in ballasting, as well as in regular attention to the condition of the sleepers, many of which were loose. He also averred that the defender had failed to supply materials sufficient for the proper construction and maintenance of the road, and that he and his foreman were aware of its bad condition.

The defence was a denial of fault on the part of the defender or anyone for whom he was responsible. The defender averred that he took no personal charge of the management of the pit, but delegated it to competent persons, and that he had supplied all necessary materials for the construction and repair of all the roads in the pit. He averred that if there was any fault other than that of the pursuer himself, it was that of a fellow-workman with him. In any view, he pleaded contributory negligence on the pursuer's part.