Lang v. St Enoch Shipping Co., Ltd [1907] ScotLR 59 (12 November 1907)

Lang v. St Enoch Shipping Co., Ltd [1907] ScotLR 59 (12 November 1907)

The seaman was justified in refusing to proceed to Nagasaki with contraband of war; the master did not issue a new lawful order to proceed to Hong Kong; the seaman was wrongfully dismissed and imprisoned; under section 134(c) of the Merchant Shipping Act 1894, wages continued to accrue until the date of final settlement, and damages were due for wrongful dismissal and lack of provision for repatriation.

Citation
[1907] ScotLR 59
Parties
Pursuer: Robert Lang; Defender: St Enoch Shipping Company, Limited
Jurisdiction
Scotland
Judgment Date
12 November 1907
Procedural Posture
Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House Second Division
Outcome
judgment for the pursuer
Legal Topics
Seaman's Wages, Breach of Contract, Contraband of War, Wrongful Dismissal, Damages, Final Settlement, Merchant Shipping Act 1894
Maritime Law Employment Law Seaman's Wages Breach of Contract Contraband of War Wrongful Dismissal Damages Final Settlement +1 more

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Parties

Robert Lang

Pursuer

St Enoch Shipping Company, Limited

Defender

Procedural Posture

Civil Appeal / Appeal From Sheriff Court to Court of Session Inner House Second Division

Legal Issues

  1. 1 Whether the seaman was justified in refusing to obey the master's order to proceed to a belligerent's port with contraband of war
  2. 2 Whether the seaman was entitled to damages and maintenance for wrongful dismissal and imprisonment
  3. 3 Whether wages continued to accrue until final settlement under section 134(c) of the Merchant Shipping Act 1894

Ratio Decidendi

The seaman was justified in refusing to proceed to Nagasaki with contraband of war; the master did not issue a new lawful order to proceed to Hong Kong; the seaman was wrongfully dismissed and imprisoned; under section 134(c) of the Merchant Shipping Act 1894, wages continued to accrue until the date of final settlement, and damages were due for wrongful dismissal and lack of provision for repatriation.

Court Disposition

judgment for the pursuer

Orders

  • Recalled the interlocutors of the Sheriff and Sheriff-Substitute.
  • Assessed damages (including maintenance) at £40.