Here is this week’s round-up of pieces from the Batley News relating to the parish of St Mary’s. Where applicable any names of parishioners who served with the military are in bold. The spelling and punctuation matches that of the newspaper.
There was an update on John Lyons’ compensation claim. This followed an earlier piece in the 19 January 1918 Batley News.
COMPENSATION FOR A BATLEY MASON’S LABOURER.
Four Fingers Taken Off with a Circular Saw.
At Dewsbury County Court on January 16th John Lyons, mason’s labourer, 16, New Street, Batley, claimed compensation from G. and J. Mortimer, Ltd., contractors, Batley, for the loss of four fingers of the left hand. He was working on a job at the Old Mill, Batley, when it was found necessary to cut some planks. Edmund Riley, the mason for whom Lyons was labouring, used a circular saw, and whilst Lyons was assisting he met with the accident. For the defence it was contended that Lyons acted outside the sphere of his employment, and would not have been allowed to assist at the saw if his employers had been consulted.
Mr. C. L. W. Nicholson (Chadwick, Sons, and Nicholson) appeared for applicant, and Mr. R. A. Shepherd (instructed by Messrs. Day and Yewdall, Leeds) for Messrs. Mortimer.
His Honour Judge McCarthy delivered judgment on Wednesday. He said the question was whether the accident arose out of applicant’s employment, and there was also the subsidiary issue as to whether the man’s present incapacity was due to that accident. Lyons and Riley had been employed for several months at the Old Mill (Batley), carrying out certain work under the directions of the mill engineer. They took their ordinary tools with them, and if they required others they were supplied by the mill blacksmith. Instructions were given to erect a scaffolding, wood for which was in the mill yard. Whatever might have been the limit of the work of the mason and his labourer, he was satisfied that the getting of that wood came within the sphere of their employment. A saw was required, and Riley asked the mechanic to lend him one. Having only just sharpened his own he refused the loan of it, and told Riley to use the circular saw, which he made ready for him. With that arrangement Lyons had nothing to do, but he removed the wood when it was cut, and whilst so engaged four of his fingers were cut off. No compensation had been paid by the employers. The preparation of the scaffold was within the sphere of applicant’s employment, and there had been no restriction, or prohibition of the use of the circular saw. He did not attach much importance to respondents’ statement that they would have prevented the use of the circular saw had they known of it. Lyons’ duty was to obey Riley’s orders, and Riley enlarged the sphere of his employment.
The man left the Infirmary at the end of three weeks, and he was entitled to compensation from that period. He was also entitled to a period of recovery from the mutilation. He was a labourer whose assets were in his hands, and at present he was little better than a one-armed man. The best judgment he could form was that total incapacity ceased on January 1st, and that the man should be paid full compensation up to that date. He thought for the present 15s. per week was reasonable compensation and he awarded that amount. The only doubt he had was whether incapacity ought not to cease from December 1st.
Judgment was given for compensation at the rate of 18s. 9d. per week, less 25per cent, from the date of the accident in September last to January 1st, and 15s. per week after that period.
His Honour added that the 15s. per week could not last long. The employers would seek to review that amount.
A parishioner fell foul of the laws regarding dog ownership and appeared before the magistrates:
Batley Borough Court – Monday.
For allowing his dog to be at large without his name and address on its collar, James McHugh, mill employee, Cobden Street, Batley, was fined 7s 6d.
The final parish news this week was three deaths in the Family Notices section. The Batley cemetery burial services were conducted by St Mary’s parish priests.
BATLEY
FRAIN. —Jan. 30th, aged 21 years, Ellen Frain, High Street.
LAVIN. —January 28th, aged 58 years, John Lavin, 15, Ambler Street.
SHERIDAN. —On January 24th, aged 23 months, John, son of John Sheridan, 22, Hume Street.
Past To Present Genealogy 