AN IMPORTANT JUDGMENT.

Taranaki Daily News, Volume LII, Issue 181, 4 September 1909, Page 2

AN IMPORTANT JUDGMENT.

MASTERS AND" SEAMEN. By Telegraph.—Press Association. Wellington, Friday. ; Mr. Justice Cooper gave judgment in the Supreme Court to-day in the appeal case, .Smith v. Lambert. The appellant is Superintendent of Mercantile Marine, and the respondent is master of th» Union Company's steamer Arahura. Captain Lambert was charged before Mr. Riddell, S.M., with leaving John Peebles' a fireman, at Wellington without making provision for him under the Shipping and Seamen's Act. Peebles went into the hospital for treatment, and rejoined his ship after recovering from an operation. The Act requires the master of a ship to deposit a sum necessary for maintenance and medical expenses. The Magistrate found for the defendant, holding it was doubtful if at the time Peebles was discharged ifrom the ship the injury from which he m* suffering was such as to wholly incapacitate him, and that Jie was not "Vt on shore" within the meaning of 'he Act. The Judge upheld the Magistrate's trading and dismissed the appeal with costs it was onhr when a man was wholly prevented from performing his work (By illness that he was entitled to the benefits of the section under Which the iprosecutton Mas tatai.