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Caleb FUDGE 1870 - 1957 |
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He died in Q4 1957 at the age of 88
STURMINSTER NEWTON
The Blandford Weekly News, Saturday, July 9, 1887.
Petty Sessions.- Monday: Before Mr. D.H. Serrell, and Mr. Scott-Williams. Caleb Fudge, Walter Fudge, Henry Fudge, James Thomas, and Henry Newman, were charged with bathing without proper shelter on Sunday, the 26th June. Evidence was given to show that the defendants had undressed in a lane leading from Sturminster to Fiddleford for the purpose of bathing. Newman was fined 30s. 6d., including costs, and the other defendants were mulcted to the extent of 5/- with costs.
Action for Compensation Against the Tramway Company
The Bournemouth Guardian, Saturday, May 25, 1901
- An action was borught against the British Electric Traction Company, Limited, by Caleb Fudge, a platelayer, residing ay 6, Stanley Villas, Lake Road, Upper Parkstone, for an award of compensation under the Employers' Laibility Act - Mr Harry Trvanion appeared for the plaintiff, and Mr PEL Budge represented the defendant company.- Mr Trevanion stated that the plaintiff was a platelayer from April to October in the construction by respondents of a light railway along the Ashley Road at Upper Parkstone. On Saturday, the 20th October, he was engaged with a gang of seven or eight men in removing some rails from the side of the road wher they had been deposited to be placed in the middle of the road for the tramway. According to his (Mr Trevanions's) instructions the gang was below its proper strength - that there was not sufficient number of men to do the work required of them - and he did not think that there was any dispute as to the matter coming within the scope of the Employers' Liability Act. Fudge, being one of the gang of men engaged in carrying the rails, suddenly felt a pain internally, and from the medical examination which subsequently took place it was ascertained that he had susteained a very severe abdominal strain - The Judge : According to the particulars of claim it was " an internal rupture of a severe nature." - Mr Trevanion said that there was a strain, and the question for the medical practitioner to determine was whether it would not eventually result in a rupture. The palintiff continued to work, but he remained indoors throughout the whole of the Sunday, the day following. On Monday morning he tried to carry out the duties required of him, and although in great pain he continued to work until the mid-day, but was unable to resume his duties after the dinner hour. He remianed in bed until the following Wednesday, October 24th, and then went to the Victoria Hospital at Bournemouth, where he was examined by the house sugeon. He was given some liniment on that occasion, and was recommended not to go to work for some time. He paid another visit to the hospital in the following week, and from the 16th November up to the present timehe had been totally incapacitated from work, and had been attended on by Dr Mont- gomery, of Kinson, who would also say that such total incapacity was likely to continue for some months, and that he would never be as strong as he was prior to the accident. - It appeared that the company had paid the plaintiff half of the amount of his wages, amounting to 12s 7d weekly - His Honour: Not quite half. - Mr Trevanion replied that that was so, for the calculation of his earnings showed that the man's wages prior to the accident averaged £1 7s 3d. The respondents had paid 12s 7d per week from the date of the accident until 13th April, upon which date the applicant was informed that the allowance would probably be stopped the next week. The applicant had done what was necessary to bring the pro- ceedings within the time stipulated for enering the claim - Dr Langworthy Laurie, house surgeon at the Victoria Hospital, Bournemouth, gave evidence as to the plaintiff's visit to the Victoria Hospital, suffering from a severe swelling of the abdominal muscle. - In reply to Mr Budge, the witness said that he had recollection that the plaintiff told him that the injury had occurred a few days pre- viously. - The plaintiff was next called, and stated that up to the time of his injury he was able to put in full time at his work. He boire out Mr. Trevanion's opening statement in general; and in cross-examination by Mr Budge said that he had made complaints to some of his fellow wsorkers. He delayed taking action until the last day of the time allowed because he thought that the company were going to do something for him.- William Alfred Guy, of Church Road, Newtown, also a former employee of the defendant company, deposed that the plaintiff complained to him on Satur- day, October 20th, of having injured himself that morning.- Thomas Harwood, another former em- ployee, also testified to Fudge having said to him that he had "hurt himself inwardly." - Dr Mont- gomery stated that Fudge came under his care on the 16th November upon an order from the relieving officer. and found him in bed suffering from an acute abdominal pain. He (the doctor) came to the conclusion that there had been a rupture and that he was still suffering from it. - In cross-examination by Mr Budge, Dr Montgomery admitted that he had latterly treated the plaintiff for debility. - For the defence Mr Budge remarked at the outset that the defendant company had no desire, in any shape or form, to deal unfairly with the man, and whatever the result of the case might be they would still be prepared to deal with him in a fair and proper manner. The company were staisfied that the accident did not happen on the day stated, and contended that the date had been put forawrd as an after-thought. If, as was suggested, the cacident took place on the 20th October then it was an extraordinary thing that the plaintiff did not consult his solicitor before the 19th April, which was the veryt last day upon which he could possibly make his claim. - James Grant tiemkeeper to the company, stated that he had paid the plaintiff sick pay, on the production of medical certificates, up to the 18th April last. He did not hear of the accident until 22nd October. On Wednesday, October 17th the plaintiff said that he felt "very queer" and asked for an extra "sub." Witness had recently met Fudge who had agreed with him that the accident happened on the Friday. - His Honour: What is the weight of each rail for this light railway? - Witness: 90lbs per yard. - His Honour : And the length? - Witness : Fifteen yards. - Thomas Smith, the principal ganger in October last, said the plaintiff made no complaint to him of having injuried himself. and the first intimation he had of any such injury was on the occasion of the plaintiff's absence on the Monday. The usual number of persons were engaged in the work. The men did not lift the rails; they were "slewing" them. - Cross-examined by Mr Trevanion : The gang on the Saturday morning comprised five or six men. He admitted that Fudge was confined to the house on Sunday and complained of feeling unwell on the Monday. Fudge was a very good workman. - William Vine, who was also formerly employed by the company, said that the work was nothing out of the usual. Fudge had not copmplained of having injured himself, but complained during the week of feeling "a bit rough." - His Honour : What is the meaning of that? - Witness : He said that he did not feel well. On the Saturday he worked overtime, consumed a quantity of beer, and kicked a football about. Witness having observed that he had taken "the hat round" on behalf of the plaintiff, the Judge said that that was very kind and very proper of him. - His Homour, in giving judgement, said that a strain might have occurred and a person have been unaware of it until the injury had asserted itself by the consequent development. There must necessarily be a limit fixed with regard to entering claims of this kind, althougbit might involve some instances of hard- ship. In his judgement the injury occ urred on the 20th October, and the claim had consequently been made in time. His award, therefore, was that the company should pay the plaintiff at the rate of 13s 8d per week, which was a moiety of 50 per cent. of his average weekly earnings (27s 3d), during such time as he was incapacitated from following his occupation, the award to date from the 20th April, up to which date the company had kindly made an allowance to him.
THE TRAM COMPANY SUED AT POOLE
The Bournemouth Daily Echo, Tuesday, May 21, 1901
At Poole County Court yesterday an action was brought by Caleb Fubdge of Lake-road, Upper Parkstone, agaisnt the British Electric Traction Company, Limited, to recover a sum as com pensation, under the Workmen's Compensation Act. Mr. H. Trevanion appeared for the plain tiff, and Mr. P.E.L. Budge for the defendant company. It appeared from the evidence that on October 20th last, plaintiff, who was in the company's em ploy, was engaged on the tram lines in Ashley road, and strained himself internally while shifting some rails from the side to the centre of the road. It was contended that the gang was below strength Medical examnination at the Victoria Hospital showed that the plaintiff had sustained a severe abdominal strain, and had been incapacitated from work from the date of the accident up to the present time. Up to the 20th of April the Company had paid him 12s. 7d. per week, but then stopped payment. It was stated for the defence that the company were prepared to deal with plaintiff in a fair and proper manner. The defence set up was that the accident had occurred previous to October 20th, and that there fore the claim hade been entered too late. It was also stated that the defendant had complained dur ing the whoile of the week of feeling unwell His Honour gave judgement for the plaintiff at the rate of 13s. 8d. per week until he gets better, that being 50 poer cent. of his average earnings prior to the accident.
The Recent Action against the Tram Co.---
The Bournemouth Guardian, Saturday, August 25, 1901
Mr P E L Budge made an application for the rescission of an order made in May last, whereby the British Electric Tram Company were required to pay to a platelayer named Caleb Fudge residing in Lake Road, Upper Parkstone, the sum of 13s. 8d. per week in compensation for injuries received whilst in their employ. The Company had agreed to pay down the sum of £62 10s. in full settlement, and that had been met with Fudge's accept- ance. - The Judge granted the application, and directed the weekly payments should terminate.
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