Sneddon v Mossend Iron Company
| Jurisdiction | Scotland |
| Judgment Date | 23 June 1876 |
| Docket Number | No. 141. |
| Date | 23 June 1876 |
| Court | Court of Session |
Lord President, Lord Deas, Lord Ardmillan, Lord Mure.
Master and Servant—Reparation—Culpa—Collaborateur.—
Sheriff—Process—Closing Record—16 and 17 Vict. c. 80 (Sheriff Court Act, 1853), sec. 3.—
Held that where a coalmaster had devolved the entire charge of a coal-pit upon a competent manager and competent subordinates he could not be made liable in damages for the death of a miner employed in the pit, alleged to have been caused by their fault.
Observed that a Sheriff, before closing a record on a summons and minute of defence, ought to hear parties, and ascertain that the grounds of action and defence are properly stated.
This action was raised in the Sheriff Court of Lanarkshire by Robert Sneddon, miner, against the Mossend Iron Company, and William Neilson, ironmaster, ‘the only known partner of that company.’
The conclusions of the summons were for 500 of damages ‘as solatium for the loss, injury, and damage sustained by the pursuer through the gross carelessness and culpable neglect of duty of the defenders, or others for whom they are responsible, in having failed or neglected to make, or caused to be made secure the roof and sides of a travelling road and working place in a coal-pit situated at or near Bellshill aforesaid, commonly called No. 1 Orbiston Pit, belonging to the defenders, or of which they are lessees, and which was being wrought by them at the date aftermentioned, whereby, on or about the 11th day of August 1873, while the deceased John Sneddon, miner, residing in Bellshill, son of the pursuer, was engaged in the employment of the defenders as a miner in said coalpit, at or near the place known as the Causeway Top, and at or near to a horizontal pivot-wheel at the top of an incline in said pit, on which pivot-wheel a chain works, by which loaded hutches of coal are let down and empty hutches drawn up the incline; and while the said John Sneddon was in the act of disconnecting an empty hutch from the said chain, or engaged in the execution of some other duty at or near thereto, the roof and sides of the said travelling road or working place, or part thereof, in which he was then engaged, or along which he was then proceeding, gave way and fell upon his person, whereby he was crushed to the ground and instantaneously killed.’
The record was closed upon the summons and the following minute of defence:—‘A denial that the falling of the roof or sides, whereby the pursuer's son, John Sneddon, was killed, was occasioned by culpa on the part of the defenders, or others for whom they are responsible, said fall having arisen either from some latent defect in the roof or sides or materials supporting the same, in respect of which the defenders were not responsible, or from the fault of the deceased himself, or of some one or more of his fellow-workmen.’
A proof was allowed before answer. From the proof the following facts appeared:—There were two partners of the Mossend Iron Company, William and James Neilson. Neither of them took any personal supervision of the mining operations in the Orbiston Pit, but devolved these entirely on James Munro, as colliery manager, and his subordinates. On 11th August 1873, while the pursuer's son was engaged in the defenders” pit, a large stone fell from the roof of the place where he was working, and killed him. The accident arose from the supports of the roof being insufficient. It was further proved that the duty of providing for the support of the roof lay on the said manager, and John Gillies as oversman, and William Downie as roadsman, and that these persons were experienced and skilful persons, quite competent to the discharge of the duties committed to them, and were furnished by the defenders with all the requisite materials to enable them to discharge their duties.
The Sheriff-substitute (Clark) pronounced this interlocutor:—‘Finds that, on or about the date libelled, the 11th August 1873, while the pursuer's son, the deceased John Sneddon, miner, was engaged in the employment of the defenders as a miner in their coal-pit known as No. 1 Orbiston Pit, and at or near the place known as the Causeway Top, and at or near a horizontal pivot-wheel at the top of an incline, the roof and sides of the place at which he was working gave way and fell upon his person, so that he was crushed to the ground, and killed, by and through the fault of the defenders, or of those for whom they are responsible: Therefore, and for the reasons assigned in the subjoined note, finds the defenders liable to the pursuer in damages, and assesses the same at the sum of £200 sterling, and decerns against the defenders for said sum accordingly: Finds the defenders liable to the pursuer in expenses; allows an account thereof,’ &c.*
Both parties having appealed, the Sheriff (Dickson) pronounced this interlocutor:—‘For the reasons stated by the Sheriff-substitute, adheres to the judgment appealed against, except as to the sum at which the Sheriff-substitute has assessed the damages, and decree therefor, to which extent recalls the said judgment.…: Assesses the said damages at £100 sterling, for which sum, with interest as libelled, decerns against the defenders.’
The defenders appealed to the Court of Session, and argued;—Where a master had devolved the whole management upon a person thoroughly competent, and furnished him with proper subordinates and sufficient materials, he could not be liable to the workmen for injuries sustained through the fault of these persons. The only ground for a claim such as the present was personal fault on the part of the master, and there was no proof of that.1
Argued for the pursuer;—The master was bound to see that the pit was so constructed as to be safe. The onus lay on the defenders to shew that they instituted a proper system of working. There was a difference between the institution of a system and the carrying out of the system. The master was responsible for the former but not for the latter. Here there was a defective system, and for that the master was answerable.2
At advising,—
Lord President.—The summons in this case is founded on the allegation that the deceased was killed ‘through the gross carelessness and culpable neglect of duty of the defenders, or others for whom they are responsible, in having failed or neglected to make, or caused to be made secure, the roof and sides of a travelling road and working place in a coal-pit situated at or near Bellshill aforesaid, commonly called No. 1 Orbiston Pit, belonging to the defenders, or of which they are lessees, and which was being wrought by them at the date aftermentioned.’ That ground of action has been sustained by the interlocutor of the Sheriff-substitute, who finds, ‘that on or about the date libelled, the 11th August 1873, while the pursuer's son, the deceased John Sneddon, miner, was engaged in the employment of the defenders as a miner in their coal-pit known as No. 1 Orbiston Pit, and...
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