THE WAR AND SEAMEN

Dominion, Volume 8, Issue 2507, 7 July 1915, Page 5

THE WAR AND SEAMEN

IMPORTANT JUDGMENT. • Judgment was delivered by His Honour the Chief Justice (Sir Robert Stout)'- yesterday in an important case concerning the seamen on the liners Orari and Limerick. At the outbreak of. war tlie crews of these vessels refused duty when the'ships wore converted'into .transports, contending that they ;were at : liberty to. break, tlie contract by rcasou -of . ilio increased risk. The- meii. were' prosecuted, and Mr. D. G- A.. Cooper; S.M., convicted them, holding, that tlie risk was no greater, but even less, 'than if they were engaged .on an ordinary trading voyage. Tho decision was appealed against. In giving judgment yesterday afternoon His Honour held tliat inasmuch as the: Magistrate had found that there' was no increased risk, ho was bound to accept that. He referred at some lengtli to' the i recent' English case of Listen versus the s.s. Carpathian. That particular vessel: set out from London to Port Arthur, Texas, for oil. Just before returning war broke out between England and Germany; and the crew" refused to'go to sea without extra remuneration owing to the proximity of German cruisers,in tlio Atlantic. The master agreed to pay each man £12 additional, but on arrival Home the owners repudiated', the rontract. . In a King's Bench case, heard before Mr. •Justice Coleridge, the decision was in favour of the men. Sir Robert said he could not agree with the finding. The appeal was accordingly dismissed, but as tho appellants were seamen, costs on the usual £calo'-.we're not allowed. Costs were fixed at £4 4s. Mr. P. J. O'Regan appeared ■ for the appellants, and Mr. H. E. Evans for the respondent shipping. companies.