Cases - Wilsons and Clyde Coal Co Ltd v English

Record details

Name

Wilsons and Clyde Coal Co Ltd v English

Date

[1937]

Citation

3 All ER 628

Legislation

Coal Mines Act 1911

Keywords

Employer responsibility - coal mines

Summary

Background

Mr English worked in an underground coal mine and he claimed damages against his employer, Clyde Coal Co., for an injury he sustained when haulage plant was put in motion and he was unable to reach a safe manhole in time. Mr English suffered injuries when he was crushed by the plant. The incident happened during the end of the day shift at which time it was said to be common practice (and a necessary part of a safe system of work) that haulage should be stopped on the main haulage roads during such time as the shifts were changing. The coal company pleaded that there was an alternative road available for Mr English to use and that he should have checked that the haulage plant had stopped for the shift prior to entering the road. Further, the company had engaged an agent for a number of mines owned to be responsible for appointing a mine manager. The agent and the mine managers are appointed by the company to be responsible for the safe systems of work at the mine (i.e. compliance with legal requirements).

Findings

The House of Lords held that the employers were not absolved of their duty to take care (by providing a safe system of work) by the appointment of an agent (or manager) to perform that duty. The employer remains responsible. 'To provide a proper system of working is the paramount duty, and, if it is delegated by a master to another, the master still remains liable.'