18 May 1907

Workmen's Trains: Are The Company Liable for Accidents?   Is a Company liable under the Act if a man meets with an accident whilst travelling on a workmen's train? Thomas Lewis, a collier at No. 2 Pit, Fochriw, who resides at Caeharris, Dowlais, claimed compensation from Messrs. Guest, Keen, and Nettlefolds, Ltd, in respect of an accident. Mr. Hill Kelly was for the applicant; Mr. Ivor Bowen for the respondents.    Mr Kelly said that on the 1st January, Lewis was carried to Fochriw in the collier's train. There was no platform on which to alight; Lewis slipped on the step of the train, and injured his leg, and was away from work for seven weeks. He understood found that the defence raised was that the accident did not arise "out of and in the course of his employment." Mr. Ivor Bowen said Lewis did not pay for the use of the train; he lived at Caeharris, which was four miles away from the pit, and he was not under contract with his employers to travel by that train.

Thomas Lewis, the applicant told His Honour that the workmen's train took the men to the pits in the morning and brought them back at night; the respondents supplied the coaches and the Rhymney Railway Company supplied the engine. The colliers train had run to his knowledge ever since he was a boy, and years before that. Only workmen were allowed to travel on those trains, and so far as he knew they paid nothing.
Mr. Ivor Bowen to Thomas Lewis: Is there any kind of agreement at all between you and the Company that they should provide this train for you except for the purpose of convenience? Witness: I don't know of any agreement myself, unless our fathers had it. He added that a similar train runs from Pantywaun, and also from Cwm Bargoed. Mr. Kelly said that the men were under an agreement which was common throughout the coalfield. Mr. Bowen re-asserted that Lewis had said that there was no agreement between himself and the Company to carry him; in other words, he was not bound to go by train, and the Company was not bound to carry him. It would, no doubt, lead to trouble in the pit if the men were not taken to the colliery, but there was no legal obligation or duty to carry them.
His Honour thought there was an implied agreement on the part of the company. The question was, was it understood by both parties that the train was to be supplied? I am of the opinion that there is an obligation where the thing has been done for all those years - that there is an implied obligation.
After further argument, His Honour said he would look through the cases quoted by counsel, and give judgement on Friday.

4 January 1913
Dowlais Collier Killed: Walking Home along the Railway    On Friday evening last, Thomas Richard Powell, a married man with two children, 36 years of age, a hitcher at No. 2 Pit, Fochriw, proceeded to work, and caught the 8.30 p.m. train at Caeharris for Cwmbargoed and Fochriw. It is said that Powell fell asleep in the van and was left there, so that when he got to Fochriw, it was too late to go down below. He certainly did not ask for his lamp, and it is presumed that he proceeded to walk home. He was knocked down by a train and died shortly afterwards. At the inquest, Wm. Turner, Rhymney Railway guard, said he was on the train that struck Powell. It was a train of forty empty wagons and a van, which was being pushed to Fochriw. The van was leading. He and Allen Williams were on the look out in the van, on which there were two lights. These were lit. He saw something glistening ahead and began to shout, and so did Williams. They continued to shout until they came to the man. He was walking with his head down against the wind. The train was going about six miles an hour. He turned the red light towards the driver, and the train was stopped immediately.  The deceased was passed the 12th wagon when he was found. The engine was whistling all the way. It was usual to do so, as so many people walked that way. It was a very rough night. A verdict of ‘Accidental Death’ was recorded.
  

20 June 1914   Inquest   An inquest was held on Monday by the coroner, Mr. R. J. Rhys, on Mrs. Mary Hamlett, Martin-street, who was killed on Saturday morning, June 13th, by being knocked down and run over by one of the colliery engines. The unfortunate old lady had been to the office for her husband’s pay and found there was a mistake in the sum of money, so she proceeded along the colliery sidings to inform her husband. While returning she was caught by the buffer of the engine and dragged under the engine. A verdict of ‘Accidental Death’ was recorded, and the driver of the engine exonerated from all blame. An