On This Day, 11 October 1917

Birmingham Mail

Thursday 11 October 1917

FATAL LIFT ACCIDENT

BIRMINGHAM MOTHER’S UNSUCCESSFUL CLAIM

An interesting point was raised at the Birmingham County Court today, when, before his Honour Judge Amphlett, K. C., Harriet Starling, 6, Darwin Street, wife of a driver in the Army Service Corps, sought compensation from Samuel Heath and Sons, Ltd., Leopold Street, for the death of her son, John Thomas Starling, aged 15.

Mr. W. G. Robbins was for the applicant, and Mr. Cave (instructed by Mr. W. J. Rabnett) for respondents.

The lad’s death occurred on August 20 as the result of a lift accident. The employers had paid £5 to the cost of the funeral, etc., but denied liability. It was agreed that the lift was for goods only, and a notice to that effect was placed in the lift. On this particular day the lift stopped short of the second floor and the lad got on to the lift for the purpose of moving some packages. While thus occupied he asked another boy named Charlton to pull up the lift to the level of the floor. The rope slipped through Charlton’s fingers and the lift went down instead of up. Starling’s head was caught between the lift cage and the wall and he was instantly killed.

Cross-examined by Mr. Cave, Charlton suggested that when he was pulling the one rope Starling must have pulled the other rope which caused the lift to descend.

Mr. Cave argued that even though it might have been permissible for Starling to enter the lift while stationary to unload, it was not within the scope of his employment to remain in the lift when it was moved up or down, however short the distance.

His Honour concurred, and dismissed the claim. Mr. Cave did not ask for costs.