Scottish Court of Session Decisions

This was an appeal from the Sheriff-court of Lanarkshire against the interlocutors of the Sheriff pronounced in an action against the Albion Shiping Company at the instance of the appellant (Freer), a surgeon in Glasgow, concluding for damages for alleged breach of contract. The pursuer had been engaged to act as surgeon on board the defenders' ship, “Helenslee,” on a voyage from the Clyde to Otago. The terms of the engagement, which were contained in a letter addressed by the defenders' agents to the pursuer, were—“The sum of £25 to be paid for the run out at Otago, and if required, a cabin passage home in the ship to be allowed without salary.” The pursuer alleged that the defenders had committed a breach of this engagement by refusing to give him a cabin passage home, instead of which they retained him as a member of the crew, failing to give him his discharge from the ship's articles at Otago, and subjecting him on the voyage home to discipline as one of the ship's company.

The Sheriff-Substitute ( Dickson) assoilzied the defenders, holding that the pursuer had failed to establish his right to a discharge at Otago, and that when the surgeon of a ship engaged for the voyage outward gets a free passage home, it is customary for him to give professional attendance gratuitously to any of the crew who may require it.

The Sheriff ( Bell) adhered.

The pursuer appealed.

J. A. Reid for him.

Solicitor-General and Birnie in answer.