§ 60. Mr. ANDERSONasked the Home Secretary whether his attention has been called to the case of Lyons versus Woodilee Coal and Coke Company, in which the widow of a workman claimed damages under the Workmen's Compensation Act, 1906; whether he is aware that the facts showed that a miner employed on night shift at a pit on reaching the bottom of the shaft was kept waiting, owing to the cage failing to work, for an hour in a strong current of cold air; that he contracted a chill, which developed into pneumonia and caused his death; whether he is aware that it has been ruled, both by the sheriff-substitute and the Court of 308 Session, that the workman was not injured by an accident arising out of and in the course of his employment, and that the widow has no ground for damages; and whether any legislative action will be taken to meet such cases?
§ Mr. BRACEI have seen a report of this case. It appears that the workman was kept waiting not because of any breakdown of the cage, but because he arrived at the bottom of the shaft at the time when the regular daily inspection of the shaft was due to be made and when he could not expect to be raised till the cage used for the inspection had reached the bottom. The time taken in the descent was generally half an, hour, but varied according to the amount of repairs necessary, and on the day in question the cage took an hour to descend. I am afraid I am not in a position to give any pledge at the present time as to further legislation.