Under the Coal Mines Regulation Act 1887 an additional special rule was in force in a mine which provided-‘The bottomer at a mid-working. . . shall not open the gate fencing the shaft until the cage is stopped at such mid-working . . ‘
A bottomer at a mid-working, in need of the cage, signalled for it by calling down the shaft to the bottomer at the foot, who again signalled to the engineer at the surface to raise the cage which was then at the foot. This was the usual mode of signalling, and the engineer on receipt of the signal, generally, without further signal, stopped the cage at the mid-working, but he did not invariably do so. On the occasion in question he did not stop the cage at the mid-working. The bottomer there after having heard the signal given to the engineer, without ascertaining whether the cage had stopped, in breach of the additional special rule, opened the gate fencing the shaft, and then went behind his hutch and pushed it into the shaft. The hutch fell to the bottom of the shaft dragging the miner with it, and he received injuries, which however were not serious or permanent. A few days prior to the accident he had been warned as to non-observance of the rule. In an arbitration under the Workmen’s Compensation Act 1906 the arbiter found that the bottomer’s injuries were due to his own ‘serious and wilful misconduct,’ and refused compensation.
Held that there was evidence upon which the arbiter might so find.
Observations (per Lord Chancellor and Lord Robertson) upon the effect towards establishing ‘serious and wilful misconduct’ of an admitted or proved breach of a statutory rule by the workman.
Judges:
Lord Chancellor (Loreburn), Lord Robertson and Lord Collins
Citations:
[1908] UKHL 28, 46 SLR 28
Links:
Jurisdiction:
Scotland
Health and Safety
Updated: 26 April 2022; Ref: scu.621525