 The reasoning behind the appeal was twofold, first; that the umpire was limited to deeming whether an open light was dangerous and not determining that mines need to be worked with a particular remedy as this went beyond his powers and second; that instead of using safety lamps, the owners could get rid of the firedamp, thus not requiring safety lamps as laid down in the notice.On 12 July 1886 at Wigan, Denman & Hawkins JJ dismissed the appeal upholding the umpire's decision and the Inspector's original notice.Fletcher then appealed to the High Courts and the case was heard by the Queen's Bench on 16 December 1886.