Seamen in December 1904 signed articles agreeing to serve on a three years’ voyage commencing at Glasgow and proceeding to Hong-Kong and any other ports within certain specified degrees of latitude. The vessel arrived at Hong-Kong with a cargo of coals in February 1905 at a time when war had been going on between Russia and Japan for more than a twelvemonth. At Hong-Kong the seamen were ordered by the master to take the vessel to Sasebo, a port within the specified degrees, and a naval base of Japan. Coal had been declared contraband of war by both belligerents, and the vessel would accordingly be liable to be captured or (according to Russian practice) be sunk upon the voyage. The seamen refused to proceed, and were sentenced to ten weeks’ imprisonment by the port magistrate, and no wages were paid to them.
In an action by the seamen against the owners of the vessel, held ( affirming a judgment of the Court of Appeal) (1) that the seaman were justified in refusing to proceed to Sasebo, as the voyage was a voyage of a character not contemplated by the articles according to their fair meaning; (2) that they were entitled to a decree for the amount of their wages from December 1904 until the date of the judgment of the Court of Appeal; (3) ( diss. Lord Atkinson) that in the special circumstances of the case they were entitled to a further sum under the head of ‘maintenance’ or ‘damages.’
Judges:
Lord Chancellor, Lords Macnaghten, James of Hereford, Robertson, and Atkinson
Citations:
[1907] UKHL 1008
Links:
Jurisdiction:
England and Wales
Employment
Updated: 27 April 2022; Ref: scu.622311