Mexborough and Swinton Times, May 6th, 1932
A Fatal Burn
Kilnhurst Man’s Unreported Injury
Widow’s Claim Fails
Alice Owen, widow, of 23 Highthorn, Kilnhurst, made an unsuccessful application at Rotherham County Court on Tuesday for compensation in respect of the death of her husband, George Owen, from John Baker and Bessemer Ltd. Kilnhurst Steel Works.
Mr. Hylton Foster (instructed by Mr. Arthur Neal, Sheffield), for the applicant, said Owen was engaged as a forge hand at Baker and Bessemer’s, and it was his duty to spray water with a hose on a hot disc. In that position he was often peppered with scale. On October 28th a piece of scale fell on to the back of his neck and burnt him. By their answer the respondents complained that no notice of the accident was given and that he was not injured by the accident and that death was not due to the alleged injury. He would not say that notice was given because of sone mistake. The injury was treated, as one might expect as trivial by the man, and he worked up to November 15th. By that that time the condition of his neck and back had become bad and gave him pain in the neck ad shoulder. Dr. Aitken, his panel doctor, saw him and described the condition as a carbuncle. He would call evidence that was a mistaken description and that the condition was due to a burn. Dr. Aitken had Owen put to bed, and Owen stayed there util his death on December 15th. A post-mortem examination showed that death was due to septicaemia following cellulitis of the neck. In the doctor’s view there was no doubt that the cause of the death was the burn. There were no children under 15, and the claim of £300 was for the widow and two sons, Donald aged 17, and George, aged 15, who were wholly dependent.
Mrs. Owen said she bathed her husband’s neck and at times found what she thought were black pieces of scale in the wound.
Answering Mr. Alan Pugh, barrister, for respondents Mrs. Owen said she had never known her husband to have a carbuncle.
James Dyson employed by Baker and Bessemer, said he was working with George Owen on October 28th, forging a wheel. After the wheel was forged Owen came to witness and said, “I have got hit this time with a piece of scale,” and indicated a point on his neck. At dinner time witness saw a burn on the neck almost as big as a three-penny bit. Burns were usual in their shop.
George Frith, hammer man, said he was close to Owen on October 28th, during the forging and saw Owen flick something from the back of his neck. When they had forged the wheel a minute later, he said “That was a right one, George, I could not knock it off,” Witness looked and saw a burn about the size of a shirt button.
Dr. Aitken, giving evidence on subpoena by the respondents said he was Owen’s panel doctor. He first saw Owen on November 16th, when he marked him down as having a carbuncle of the neck for which he treated him. He treated Owen in the same way until his death. He believed that on November 21st he first saw anything that suggested it was not a carbuncle. He then told Mrs. Owen, “It’s a peculiar carbuncle.”
Answering His Honour Judge J. A. Greene, witness said he had no history of the burn, and was told nothing as to what might have caused the ailment to the neck. He was present at the post-mortem, and in his view, Owen died from septicaemia. He could have died from a burn.
Dr. F. C. Hallinan, who conducted the post-mortem examination, said he found the cause of death was septicaemia due to cellulitis of the back of the neck.
Mr. Pugh: Septicaemia is consistent with more than one cause, is that right? – Yes.
Answering other questions, witness said Owen ought certainly to have received treatment straightaway for a deep burn and had he done so he might have had a better chance.
For the respondents, Thomas Scholey, joiner and ambulance man, produced the accident book which had no entry relating to Owen in October or November. On November 21st, Owen asked witness to put him a clean dressing on his carbuncle.
Dr Philip Pym, of Rotherham, said he was present at the post-mortem examination, and in his opinion, there was nothing to show the cause of cellulitis.
Mr. J. A. Pugh said they had no report about the burn and undoubtedly the employers were prejudiced in their defence.
Mr. Hylton Foster said the case was plainly of a man who at the time honestly believed nothing serious had happened and then there was the mistaken diagnosis. His Honour Judge. J. A. Greene, giving judgement for the respondents, said he had to decide whether there was reasonable cause or a mistake in not reporting the accident. Men in the works were liable to take burns as a negligible accident. He thought a man knew that he had been burned. Some men were optimists and thought that anything that happened to them would turn out well, whereas others were pessimists and always thought the worst. The optimist always seemed to lose his case and the man who thought the worst was going to happen always seemed to win. He thought that they should be able to get at the individual mind of man and not of the class.
Although he (His Honour) had found that Owen had died as a result of burns, he had no option but to give judgement to the respondents.