The worker had been driving his tractor, when the ground underneath him collapsed through coal workings. He died when it fell on him. There were old but themselves secure workings near the surface, but subsequent deeper workings had undermined those near the surface.
Held: The action was dismissed. The case had been pleaded in negligence alone. No plea had been raised for lack of support of the land.
Judges:
Lord Strachan
Citations:
[1955] ScotCS CSIH – 1, 1955 SLT 245
Links:
Statutes:
Coal Industry Nationalisation Act 1946 48(1)(a)
Scotland, Personal Injury, Negligence
Updated: 22 July 2022; Ref: scu.279435
