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Scottish Court of Session Decisions >>
James Kinnear v James Peter. [1783] Mor 7392 (5 February 1783)
URL: http://www.bailii.org/scot/cases/ScotCS/1783/Mor1807392-105.html Cite as:
[1783] Mor 7392
Jurisdiction of the Court of Session competent, in the first instance, to a question between a mariner and his apprentice.
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Kinnear having, by indenture, become the apprentice of Peter a shipmaster, in his sea-faring occupation, brought against him, before the Court of Session, an action of damages, on account of an alleged failure in the performance of the contract.
Peter objected, that the cause being of a maritime nature, could not be tried there in the first instance.
The Lord Ordinary “repelled the objection to the competency of the jurisdiction.”
In a reclaiming petition preferred to the Court, it was argued for Peter, That the contract between the parties related to nothing but maritime or sea-faring matters; it being the duty of a seaman's apprentice, which, on one hand, was undertaken, and, on the other, the charge of training up and instructing such a person in the art and business of a mariner; and therefore, that in the first instance, the jurisdiction of the Court of Session was not competent. But,
The Lords refused the petition without answers.
Lord Ordinary, Alva.For the Petitioner, Nairne,
Fol. Dic. v. 3. p. 345. Fac. Col. No 90. p. 139.
