On Saturday 10 June 1899, a twenty-three year old Sheffield man called Harry Cook visited a funfair which was held to celebrate the Ecclesfield Feast. Needless to say he was attracted to the swing boats and climbed on board with a man called Joseph Greaves. It was about 3.30 pm and the whole funfair was heaving with happy patrons. The two men swung on the boats to a pretty good height when just at its highest they suddenly heard a grating noise. Suddenly one of the rods came away from its coupling of the swing boat, which then overbalanced. As a result, Harry Cook was knocked against one of the posts and fell out of the boat, landed with a terrific impact on his head.
Needless to say the swing boats were immediately stopped as a crowd of people flocked to the site. People helped the young man, who was lifted onto a makeshift stretcher and taken home. A surgeon was called, but he just sent Harry to the Sheffield Infirmary, where he died the following day. An inquest was heard on Monday 12 June where the jury recorded a verdict of ‘accidental death’ However Harry’s parents were convinced that their son’s death had been as a direct cause of neglect on behalf of the proprietors. Accordingly, six months later they made a claim of £50 damages against Mrs Mary Marshall of Carbrook, the swing boat proprietress.
The case was heard on Monday 18 December at the Sheffield County Court. The judge was His Honour Judge Waddy who heard from the witnesses who had been present at the time. Mary Marshall was charged with negligence ‘in having in her possession for public use, the fastenings of a swing boat which were in such a condition as to be dangerous.’ Harry’s mother Mrs Hannah Cook was the first witness and she told the judge that the upright iron rods were coupled together with a piece of old wire, instead of a firm bolt which should have been used. Two witnesses to the accident also gave their version of what had happened. A third witness Frank Jepson stated that he too had seen the accident.
He claimed that as soon as the accident happened, the ride was stopped and he saw a man put something into where the rod was attached to the boat. Joseph Robert Greaves, the deceased man’s companion, said that they had got the boat swinging to a good height. He said the momentum was pretty steady when they heard a grating sound, and Harry complained that the boat was ‘going funny.’ A few minutes later the swing boat dashed against the side supports and his companion fell out, dropping to the ground. Then it was time for the defence led by Mr Wilson. He introduced his first witness, another woman working on the fair called Harriet Oliver.
She told a completely different story. Harriet said that the swing boats had been in use for some hours previously and there had been no suggestion of any piece of iron or a nail being used by any of the other passengers on the ride. Rather, she said that she had been appalled at the conduct of the deceased man himself. He had been standing up in the swing boat, which was against all regulations. The witness said that she had called out to him to sit down, but he simply shouted back that ‘he was alright.’ Harriet said that consequently the boat was going too high when it came down, catching on the upright and the bolt fell out. This witness claimed that was when the man Cook lost his balance and fell out.
Another of the fairground staff, John Baxter told the court that he had helped to erect the swing boats and was employed to take care of the ride. He too, noted Cook standing up and holding onto the two rods at either side of the boat. Baxter claimed that he thought that he was just about to sit down, when he actually fell out. Another fair man, Albert Floyd confirmed his colleagues evidence stating that the deceased was holding onto the rod when he overbalanced. The judge asked him about whether or not the rod had been held together with a piece of wire. The fairground man simply shook his head.
Floyd replied that as Harriet Oliver had already stated, the swing boats had been in operation for some hours already. Therefore if a wire had been in place, the accident would have happened immediately the swing boats started to move. The defence, Mr Wilson argued that Harry Cook had brought about his own death, by his own negligence in standing up to push the swingboat even higher. Instead he blamed the accident on local miners who ‘intent on getting their money’s worth out of any ride, would get into a fight if the ride had been prematurely stopped before their time was up.’ He said that in this case, the man had brought his death upon himself and therefore the claim for his parents of compensation of £50 was monstrous.
Then it was time for his lordship, Mr Justice Waddy to sum up for the jury. He stated that he agreed with Mr Wilson that the amount of compensation had been over exaggerated. His Lordship said that he felt extremely sorry for Mr and Mrs Cook, who lived on just a few shillings a week, but pointed out that Harry Cook was a young man who was just about the leave home and get married anyway and that damages of £50 was, in this case, excessive. Mr Justice Waddy therefore ordered that he would award the parents a joint sum of £20 for the death of their son Harry Cook.