BAILII is celebrating 24 years of free online access to the law! Would you
consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it
will have a significant impact on BAILII's ability to continue providing free
access to the law.
Thank you very much for your support!
You are here:BAILII >>
Databases >>
Scottish Court of Session Decisions >>
Workman v Young. [1699] Mor 13234 (12 December 1699)
URL: http://www.bailii.org/scot/cases/ScotCS/1699/Mor3113234-049.html Cite as:
[1699] Mor 13234
No exception will be sustained unless proponed at Litiscontestation.
Workman v. Young
Date: 12 December 1699 Case No. No 49.
Where a sailor sued his master for wages, and the master, in his oath on reference, adjected an allegation of undutiful service. This was found extrinsic. Action for damages was reserved to him.
Click here to view a pdf copy of this documet : PDF Copy
Robert Workman pursues John Young, skipper, on this ground, that he having hired him to be one of the sailors of his ship in a voyage to Bourdeaux, he now refused to pay him his wages; and both the service and quota of his fees being referred to the Master's oath, he acknowledged the same, but deponed he had served him most unfaithfully and undutifully, and condescended that he had embezzled the wines on board, and drawn some of them, and hid it in his bed, and had made sundry of the crew to mutiny and carry in the ship to Orkney. The question, at advising, arose, whether these qualities adjected were intrinsic, or behoved to be otherwise proved; for as to the wines, all the mariners did so, and it was the merchant's and not the skipper's loss; and as to his being rebellious and disobedient, he might have turned him off at the first port they came to: But others thought there was a difference betwixt a mariner and an apprentice, or a servant at land, who may be turned off at pleasure; but a captain of a ship may be necessitated to retain even contumacious sailors, wanting hands to navigate his ship without them. It was further alleged, That the mariners going ashore without their master's consent, and sleeping a night there, inferred the forfeiture of their wages, and sundry other penalties. The Lords decerned for the wages confessed, and found the qualities extrinsic, reserving the Master's action for liquidating his damage against this pursuer, as accords, upon his malversations.
Fol. Dic. v. 2. p. 299. Fountainhall, v. 2. p. 72.
