Archived Extracts

  A Huthwaite miner, named Joseph Clay, living in Blackwell Road, claimed compensation at the Mansfield County Court on Monday in respect of an accident to his knee sustained 8 years ago, and a subsequent accident to a finger and double hernia. He was employed at the New Hucknall Colliery.
  Dr. Tinsley LIndley (instructed by Mr. E.S.B. Hopkin) appeared for the applicant, who he said was a married man, and he had worked for the respondent company all his working life. While at work on August 13th, 1903, his toe slipped causing his leg to fall in front of the "lip," and he received an injury to his right knee. On reaching home he went to bed and was attended by Dr. Irvine. The next morning, on getting out of bed, he discovered a swelling in the left groin. He was off work for 74 days, until October 26th, 1903, when he returned to light work at the pit. After this, he went back to work in the stall, and after one month felt the effects of the rupture again.

  In the course of time he noticed another swelling in 1918, but was able to continue at work. On September 30th, 1927, witness met with a second accident, the little finger of his right hand being crushed between two lumps of coal, and it became septic. When he resumed work, he was paid as a dayman, but received 6d. a day more than the ordinary rate of pay. He drew £1 a week as compensation while he was doing light work. At intervals his knee troubled him, as it constantly "came out" while walking and at work. When the compensation doctor (Dr. Gray) examined him, he told witness that he had double rupture. Witness told the doctor that "it was done here" (meaning the New Hucknall Colliery). Witness applied to the Huthwaite Urban District Council for work, but he was unable to wheel a barrow owing to the injury to his finger.
  Replying to Mr. Shakespeare (instructed by Messrs. Elliot Smith and Co) for the respondents, witness said he had always worn a leather pit belt prior to wearing a truss. He denied that he had earned full wages for the past 28 years. He admitted there had been strikes during that time, but he did not then make any complaint to the respondents about his injuries, or ask for compensation.
  Witness disagreed with a list of figures produced by Mr. Shakespeare, showing that for the six months, May to September, 1927, his wages averaged £2 6s. a week. He was qualified as a stallman, but while "in the market," he did not receive the full wages of a dayman.
  Mr. Shakespeare: Do you say that you actually received less than a proper day's wage? - I had to be satisfied with what they paid. I was not the stallman, and did not handle the money.

  The judge: I do not think he means that he was paid less than other daymen. If the stall was doing badly, the daymen perhaps got less.
  "But there is the maximum wages," observed Mr. Shakespeare.
  His Honour: You say his average earning for six months, beginning May, 1927, were £2 6s., and the witness puts it lower that that.
  Mr. Shakespeare pointed out that the claim was originally for injury to the little finger only but it had been amended to a claim for the other fingers and the right hand generally, "What is the matter with the hand," he asked.
  Witness replied by holding up his right hand, to demonstrate that he could not close the finger into his palm.
  By Dr. Lindley: He did complain to the stallman and the deputy about not getting his proper wages as a dayman. He asked for the "make-up" of his wages, but did not get it. He also asked the manager (Mr. Stevens) about making up his wages, and he replied that it was not abnormal work. Witness told the manager that he tried his best to earn a full day's wage, but could not.
  Jane L. Clay, wife of the applicant, gave evidence as to her husbands injuries.
  Hy. Boot, Little Lane, Huthwaite, coal face contractor, said he worked in the same stall as applicant. He noticed he had trouble with his knee, and he had often seen him sit down and "put it in." He never said that the hernia which he had prevented him from working. He had to "pick" his work on the left-hand side, as he could not hold the pick properly with his right hand, a finger of which had been injured. He did not think the applicant would be able to do the full work of a dayman. He could not in the circumstances do his full share of the work as a competent man.
  Mr. George Spencer, the chief official of the Notts. Miners' Industrial Union, gave evidence as to the applicant's wages.

  Thomas Oldham, charge deputy at the pit, said Clay worked under his supervision. From what witness could see he was doing his work in a normal manner.
  Replying to Dr. Lindley, witness said he did not notice Clay's hand was deformed. He had never received complaints about Clay not being able to carry out his full work.
  Mr. Shakespeare argued that there was not a tittle of evidence to support the claim. Clay had not complained of his injuries, alleged to have been received in 1903, until August, 1931, and Dr. Hogarth had said, "I cannot say this accident of 1903 had anything to do with it. With regard to the knee injury, the same surgeon had said he could not find any objective sign of physical injury. Subsequent to the accident of 1927, applicant had worked as a stallman and earned his full rate of wages, and never complained about the injury to his hand. On April 13th, 1921, Clay applied for his old job, which was indicative of his own opinion of his capability.
  His Honour said he could not find that Clay was entitled to an award. Since the first accident in 1903 he had been working and earning full wages and nothing could be found in the evidence to connect the hernia with the accident of 1903. There was some incapacity in connection with the knee and hand, but the most he could give was a declaration of liability and costs on Scale B in respect to these injuries.

  Owing to the semi-final of the Notts. and Derbyshire Collieries' Alliance Cup being played on Saturday the 1st XI. match with Hardwick, away, has had to be postponed.
  2nd. v. Huthwaite C.W.S., home.- J. Shaw (Capt.), W. Slack, F. Dobb, N. Bradford, F. Adlington, N. Thompson, L. Lindley, P. Bostock, W. Hunt, S. Worthington, A. Thompson, Res., L. Tyler, T. Clarke.