Monday 29 February 2016

1915-01-08ff


Fatal workplace accidents were not infrequent in Hamilton. Most simply happened with little publicity or follow up.

However, on January 7, 1915, an accident occurred at the outdoor shunting yard of the Steel Company of Canada. It was a location where railway cars were put into place to be unloaded or loaded near one of the company’s many buildings.

Unlike so many other accidents, this accident which occurred about 6 a.m. received the following description in the Hamilton:

“A door blew open on one of the buildings as the car passed, it knocked Laking off. He fell and slipped directly under the wheel of the car, and had his both legs mangled.

“First aid was rendered and he was rushed with all possible haste to the City Hospital, where it was found necessary to amputate both legs.

“In spite of all medical aid, however, he passed away about 10 o’clock.”1

1 “Man Killed : Both Legs Cut Off and Died in a Short Time.”

Hamilton Times.   January 8, 1915.

Coroner Dr. R. Y. Parry was summoned to the hospital, and, unusually in such cases, ordered that an inquest be held to determine how the death happened and assign responsibility if any could be determined.

“Laking” was William Albert Laking, a 23 year old man, who resided at a boarding house at 146 Sanford Avenue North. He left no dependents.

The inquest was held on January 12, 1915, and, in what the Times specifically noted, the inquest “got away from the stereotyped verdicts and brought in one censuring the company.”2

2 “Laking’s Death : Jury Found Negligence On Part of Company”

Hamilton Times.   January 12, 1915.

Two Steel Company of Canada employees were called as witnesses, both testified that they always had to be exceptionally careful when the railway cars passed that the building where the door flew open because the track passed within a foot of it.

Stanley Kinley told the coroner’s jury that he was employed as a yardman and that he was riding on the same car as Kingley :

“ ‘He was getting off the car by way of the side ladder,’ said Kingley,  ‘when, without warning, the door of the warehouse blew out, and swept Laking off the ladder. I signaled for the train to stop and got off the train, when I found him lying across the track, with both legs badly mangled.’ ”2

Train Engineer James Rae testified next and basically corroborated Kingley’s evidence. John Kenely, the Steel Company of Canada’s on-site first aid attendant, told the jury that he did all he could for Laking.

In response to a question from a juryman, Engineer Kingley said that the ground beside the track sloped away from the building and toward the tracks. The Engineer gave it as his opinion that Laking slipped down that slope after he fell, and slid right into the path of the train’s wheels.

Four other Steel Company employees, Joe McGanity, David Peckley, Charles Phillips and Samuel Rowan testified that doors swinging outwards hyad been a nuisance for a long time.

The doctor at the City Hospital, Dr. Parry, who performed the postmortem Laking testified that death was caused, principally, from shock.

The following verdict was returned by the coroner’s jury:

“We the jury find that William Albert Laking came to his death at the steel plant from the result of being run over by a freight car, as a result of being struck by an open door. We find that the company was negligent, and recommend the use of sliding doors.”2

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