In a collision case there had been a reference to assess damages before the Assistant Registrar and a merchant.andpound;97 10s. was claimed for the wages of an employed superintendent. The Assistant Registrar thought that the superintendent only did ‘slight extra work’ in excess of his ordinary duties. He allowed only andpound;5 5s.
Held: On a motion in objection to the report of the Assistant Registrar the court considered that it was impossible to lay down any general principle but the sum allowed was much too small. The superintendent had been put to a very large amount of work outside his normal duties. It was argued that the superintendent was an employee. The court approached the matter by giving the claimants the sum they would have been entitled to if they had put forward a claim properly vouched in respect of extra outside assistance but allowed the wrongdoer some part of the ‘advantage from the fact that the shipowner has a marine superintendent with special expert knowledge.’
Judges:
Langton J
Citations:
(1941) 70 LlL Rep 251
Cited by:
Cited – Carisbrooke Shipping Cv5 v Bird Port Ltd ComC 13-Sep-2005
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Lists of cited by and citing cases may be incomplete.
Transport, Damages
Updated: 30 April 2022; Ref: scu.230127