July 16, 1915.

THE COLLIERY GUARDIAN.

119

THE “UNIVERSAL” TIPPING WAGON.

Generally speaking, a variation in construction has
been necessitated as between the heavier and lighter
types of tipping wagons. In the light type the width
may be unduly exaggerated in proportion to the length,
with the result that the end beams of the frames to
which buffers are fixed may be too long, and conse-
• quently the risk of bending the end beams during
shunting is considerable. This also causes the side
beams, the part of the frame to which the bearings are
fixed, to be damaged. This predisposition to injury has
led to the general use of inside frames, and consequently
shorter end beams, for large type wagons, and for
wagons which are used in locomotive traction and sub-
mitted to heavy buffering. Between the two methods a
compromise was effected by strengthening the ordinary
outside frame by means of two bars from buffer to buffer,
running parallel with the side beams, between which
the spring drawbar could be fitted. However, this con-
struction entailed an extraordinarily heavy frame, and
preference was consequently given to the inside frame.

The inside frame, however, has not been adopted with
smaller type wagons to any extent, although the body
of a wagon fitted with outside frame has to be built
higher on the frame, which renders loading more diffi-
cult) than when the latter is constructed inside.

• 1

To attain more uniformity in the manufacture of both
large and small wagons, Messrs. Du Croo and Brauns
(of 53, Victoria-street, S.W.) have brought out the
wagon shown in the accompanying illustration. In
this new type wagon, the frame is shorter and conse-
quently more compact and solid, and the end beams are
much shorter than on the old type, whilst the buffers are
heavier than have up to the present been used on this
style of wagon. The wagon is about 3 in. lower when
in loading position. The tipping chairs are horizontal,
and the body fitted with circular tippers, enabling it to
move further from the centre of the wagon, and discharge
its contents well clear of the track.

The body is made of steel plate fitted with bulb iron
capping and cast steel automatic end body fasteners, the
frame of channel strengthened by the necessary stiffen-
ing plates, while to the end beams are fitted the dead
centre buffers consisting of an oak block covered with
steel plate. The buffers are screwed to the end beams,
enabling the former to be easily removed. On the end
beams are fixed the horizontal tipping chairs of channel
iron, and to the latter are fitted handles for the auto-
matic body fasteners. The wagons are constructed with
2 in. axles, fitted with white metal lined axle boxes, and
are usually stocked with 12 in. wheels, and loading
capacities of | to 1 cu. yd. The gauge can be anything
from 18 to 30in., the differences in gauge exercising no
influence on the price. Each wagon, besides being fitted
with dead centre buffers, is also provided with two sets
of coupling links and hooks, each set consisting of one
hook and a three-link chain. If centre spring drawbar be
required, the guidings and buffer plates are made of
east steel.

Grimsby Coal Exports.—The coal exported from Grimsby
during the week ending Friday, the 9th inst., consisted of
the following:—Foreign: To Aarhus, 2,174 tons: Dieppe,
1,779; Esbjerg, 1,222; Gefle, 4,967; Porsgrund, 637; Rotter-
dam, 506; and Tuborg, 821 tons—total, 12,106 tons foreign.
Totals for corresponding week last year were :—Foreign,
25,978 tons; and coastwise, 1,275 tons.

Immingham Coal Exports.—The returns for the week
ending Friday last show that the coal exported from Imming-
ham consisted of the following shipments :—Foreign : To
Dieppe, 1,576 tons. Coastwise: To London, 2,530 tons;
and Ramsgate, 220 tons — making a total of 1,576 tons
foreign, and 2,750 tons coastwise, as against 32,012 tons
foreign, and 4,205 tons coastwise during the corresponding
week last year.

The Edward Medal.—At Buckingham Palace on Monday,
H.M. King George invested Mr. John Lodge with the
Edward Medal of the Second Class. He and his brother, Mr.
Edward Lodge, drilled and charged eight shot holes in the
face of a stone drift at Dunkerton Colliery, Somerset. The
charge in one of the holes exploded. Mr. John Lodge imme-
diately went out into the face, and finding his brother lying
on the floor with his right thigh broken, dragged him away,
although other charges were still exploding. He was injured
in the head.

LAW INTELLIGENCE.

HIGH COURT OF JUSTICE.
CHANCERY DIVISION.—July 13.

Before Mr. Justice Astbury.

Barnsley Royalty Dispute.

Don Coal and Iron Company Limited, Mr. John Plowright
Houfton, and Mr. H. A. Sanders v. The Bullcroft Main
Collieries Limited and Sir Arthur B. Markham.—This was
an application arising out of an order made by his lordship
on June 3.

Mr. George Cave, K.C., M.P. (for Sir Arthur Markham),
said the case came on for mention on minutes. It was a case
heard by his lordship a short time ago, as to the construction
of an agreement with regard to the saie of certain mineral
rights. The point was that the defendants were anxious to
have a formal order dealing with all the matters that came
into question in the action. The agreement set out that, in
addition to £14,000, the purchase money, Sir Arthur
Markham should pay to the company a royalty of jd. per ton
on the output of the colliery or collieries. It was these last
words that had to be construed. Plaintiff claimed that on
the true construction of the agreement, a royalty of |d. per
ton, payable to the plaintiff company, was payable on all
coal from time to time brought to the surface through the
shafts or pits sunk by the defendant company, or through any
other shaft or pits that might hereafter be sunk by them,
and used to work on bringing to the surface any coal from
the beds or seams of coal comprised in the lease and the two
agreements sold to Sir A. Markham. According to that
claim, payment of the royalty was upon coal raised through
shafts or pits which were off the surface of the demised land,
and on adjoining land, provided they brought up through
those shafts any part of the demised coal. He wanted the
judgment to show that the plaintiffs failed upon their claim
to royalty upon coal raised through pits sunk off the demised
land.

His Lordship : Supposing they put a shaft half a mile away
from the demised coal, and then work underground, and
brought up coal from the demised premises by that shaft,
that would not come within those words. The only thing
he decided was that the words must be construed strictly,
and that Sir Arthur Markham was to pay this royalty on
the output of any colliery or collieries, the pits of which were
sunk to the coal demised. There appeared to be no suggestion
that there was any order that Sir Arthur Markham would be
liable for a royalty for coal brought up through a shaft not
sunk to demised coal. Under all the circumstances, he
thought it would be well that the order he had made should
stand. It was always open for the defendants to point to
the fact that the plaintiffs asked for a declaration that the
royalty should extend to coal brought to the surface through
any other shaft or pit through which part of the demised coal
was brought, and that they did not obtain. It was a point,
added his lordship, which he thought the parties might get
over by arrangements between themselves.

SCOTTISH COURT OF SESSION.

FIRST DIVISION.—June 16.

Before Lords Mackenzie, Skbrrington, and Obmidale.

Workmen’s Compensation : Nystagmus and Failure to
Obtain Employment.

Henry Rooney v. Archibald Russell Limited.—In this case,
Henry Rooney, miner, 39, Forrest-place, High Blantyre,
sought a review by way of increase of weekly compensa-
tion from the respondents, Archibald Russell Limited,
Loanend Colliery, Cambuslang. Under an award dated
July 30, 1914, the appellant was found entitled, in respect
of disablement through miners’ nystagmus, to 17s. 2d. per
week from April 10 to July 27, 1914, for total incapacity,
and to 10s. per week from July 27 in respect of partial
incapacity in respect that after that date he was fit for work
on the surface. On December 31 he craved increase of
compensation to the full rate of 17s. 2d., on the grounds
that since July 31 he had made repeated attempts to obtain
suitable employment in the district, but had failed on
account of his infirmity, and that he had now become totally
incapacitated on account of the nystagmus. In Hamilton
Sheriff Court, Sheriff-Substitute Shennan found it proved or
admitted that the appellant’s condition in respect of
nystagmus had improved since July, and that his physical
capacity for work had not deteriorated. The Sheriff also
found that the appellant had made numerous applications
for surface work suitable both at collieries and elsewhere,
but had failed to obtain employment, and that he did not
prove that his failure to obtain work was due to the attack
of nystagmus, which was not itself a bar to surface work,
for which there was at present a scarcity of workers. The
respondent’s surface foreman stated that he refused to take
on the appellant because, in his opinion, he was not a
desirable man to employ even if he had no disability. The
Sheriff-Substitute said that the evidence showed that for
some reason, which was unconnected with his present
attack of nystagmus, the appellant, justly or unjustly, had
not a good reputation with employers, and that this was
the reason why he had failed to obtain employment where
there was work available. The increase of compensation
was refused, the Sheriff-Substitute being of opinion that the
appellant had failed to discharge the onus of proving that
his failure to obtain work was due to his attack of miners’
nystagmus, and that the evidence showed that the appellant
had not become totally incapacitated for work. Counsel for
the appellant said that the latter had recovered from two
previous attacks of nystagmus, and suggested that it was
because he was liable to this form of disease of the eyes
that he had been refused work.

The Division decided that the Sheriff-Substitute was
entitled on the facts to refuse the appellant’s crave for
increase of compensation. They held that the Sheriff-
Substitute had found that the reason why the workman was
not able to find employment on the surface had no connection
with his present attack of nystagmus.

John Sharp v. Udston Colliery Company Limited.—This
was an appeal by John Sharp, miner, 52, Udston-rows,
Hamilton, against a decision of Sheriff-Substitute Shennan.
Appellant was employed by the respondents, the Udston
Colliery Company Limited, Hamilton, and he was certified
as suffering from nystagmus as from July 15, 1914, being
paid compensation at the rate of £1 per week up to
September 9, when the respondents contended that he
became only partially incapacitated. On October 23, a
medical referee found that the appellant was fit to labour on
the surface in the daytime at work which did not require

much stooping. The Sheriff-Substitute found it proved or
admitted that after the medical referee’s report the
appellant made no serious effort to obtain work. In the
medical evidence it was shown that the appellant was
making a steady progress towards recovery, and was fit for
certain forms of light work. On August 26 and 27, the
appellant made a fair attempt to work at kinching hutches,
but found he was unable to continue at that work. Since
October 23 he had not asked for his former job of kinching
hutches. The Sheriff-Substitute held that the appellant was
entitled to £1 per week in respect of total incapacity from
September 9 to October 23, and thereafter at the rate of
12s. 6d. per week in respect of partial incapacity. He con-
sidered that since that date appellant was able to earn some-
thing.

The Division was of opinion that the Sheriff-Substitute
had reached a right conclusion, holding that the workman
had failed to prove total incapacity subsequent to October 23,
and that in order to establish his right to £1 per week he
ought to have shown that he had endeavoured to obtain
work of the description referred to by the medical referee,
and had been unable to obtain it.

SECOND DIVISION—June 26.

Before Lord Dundas and Lords Salvbsen and Guthrie.

Workmen’s Compensation : Medical Examination of
Workman.

J. Nimmo and Company Limited and J. Plenderleith.—
This was a stated case under the Workmen’s Compensation Act
between the appellants, James Nimmo and Company Limited,
coal masters, Canderigg Colliery, Netherburn, and the
respondent, James Flenderleith, coal miner, Kirk-street,
Stonehouse. The respondent sustained injuries to his right
arm in the course of his employment with the appellants,
and was paid compensation of £1 per week in respect of
total incapacity. The compensation was afterwards reduced
to 14s. 6d. per week in respect of partial incapacity, and
subsequently to 6s. 7d. per week. The appellants later
applied to Sheriff-Substitute Hay Shennan, Hamilton, to
suspend the compensation in respect that the respondent had
refused to submit himself to medical examination. The
appellants requested the respondent to travel 19 miles to
Glasgow for medical examination at the offices of an insurance
company there, and offered to pay his travelling expenses
and an allowance for dinner, as well as any shift wage he
might lose. The respondent refused the offer. The Sheriff-
Substitute refused the appellants’ crave, holding that the
respondent had neither refused to submit to nor obstructed
medical examination. The Sheriff-Substitute said he was of
opinion that the appellants’ offer was quite a fair one, but
was not one to which the respondent was obliged to accede.
There was no obligation on a Stonehouse workman employed
at Netherburn to travel 19 miles to Glasgow for examination
merely because his employers were insured with a company
whose offices were in Glasgow, though he might do so as a
matter of courtesy.

The Division affirmed the judgment of the Sheriff-
Substitute.

Workmen’s Compensation : Want of Notice.

Fife Coal Company and Robert Shepherd.—This was a
stated case under the Workmen's Compensation Act between
the Fife Coal Company Limited, coal masters, Leven,
Fife, and Robert Shepherd, drawer, 22, Beveridge-place,
Lumphinnans. Shepherd was in the employment of the
company, and he claimed compensation in respect of personal
injury sustained 'by him on October 1, 1914. While assist-
ing another drawer to replace a derailed hutch, he strained
himself. He consulted a doctor on October 5, and found he
was suffering from gastric catarrh, with rapid and somewhat
irregular action of the heart. He enlisted in the Army on
October 19, and underwent military and physical exercises at
Yarmouth. He was discharged after 32 days, the exercises
being too much for him. He came home on November 20,
and on December 7 the doctor discovered and informed him
that he was suffering from heart strain. No notice of the
accident was given to the appellants till December 8, 1914.
Sheriff-Substitute Macpherson found that the appellants were
not prejudiced by the want of notice, that the respondent
had reecived a slight strain to his heart on October 1, 1914,
and this strain was aggravated by returning too soon to
work and by the Army training, that he was totally dis-
abled on October 5 and 6, and that at the date of the proof
he still remained totally incapacitated. He awarded com-
pensation at the rate of 16s. 8d. per week.

The Division, following the opinion of Lord Guthrie,
affirmed the Sheriff-Substitute's judgment. It was stated
that the Lord Justice-Clerk and Lord Ormidale concurred in
the decision. Lords Dundas and Salvesen did not hear
the case.

Partnership Dissolved.—The London Gazette announces
the dissolution of the following partnership :—J. Pickard and
W. I. Sharpe, vulcanisers, at Manningham-lane, Bradford,
under the style of the City Vulcanizing Company, so far as
concerns W. I. Sharpe.

The Hire of Coal Wagons. — About five years ago the
Islington Council entered into an agreement with the British
Wagon Company Limited for the hire of railway wagons for
the conveyance of coal from the various collieries to the
electric lighting station, and the company has now given
notice to determine the agreement at. the end of the year. As
it is of importance that the coal required should be conveyed
in the Council’s own wagons, the electrical engineer has
entered into negotiations with the company and other firms,
with a view to another agreement being entered into. Report-
ing upon this, the Borough Council says that it appears that
these firms are not desirous of entering into such an agree-
ment, and having regard to their long association with the
Council, the British Wagon Company has now intimated
that it is prepared to continue the agreement for a further
period of 10 years at the undermentioned increased prices :—
For the hire of 12-ton wagons, at the rate of £1 10s. per
annum each: and for 10-ton wagons, 15s. The electrical
engineer has satisfied himself that, apart from the conditions
now prevailing, the increased rates are reasonable, and
that it would be in the Council’s interests to continue the
agreement on these terms.