A fireman signed articles of agreement for a ‘voyage not exceeding one year’s duration to any ports or places within the limit of 75 degrees north and 60 degrees south latitude, commencing at Cardiff, proceeding thence to Malta, thereafter trading to ports in any rotation, and to end at such port in the United Kingdom or Continent of Europe, within home trading limits, as may be required by the master.’
The vessel proceeded to Malta, the Black Sea. and thence back to Southampton, where she unloaded her cargo, and where the fireman claimed his discharge. The master refused, and required him to go on with the ship to Cardiff. Held that the master was justified (in view of the agreement, which in no way contravened sec. 11 of the Merchant Shipping Act 1894) in his refusal, it being within his power to determine (with in certain limits, including Cardiff), the port at which the voyage should terminate, and the discharge of the cargo at Southampton not being equivalent to the termination of the voyage.
Judges:
Lord Chancellor (Loreburn), Lords James of Hereford, Atkinson, and Collins
Citations:
[1907] UKHL 640, 45 SLR 640
Links:
Statutes:
Jurisdiction:
England and Wales
Employment, Transport
Updated: 27 April 2022; Ref: scu.622300