O'Neill v. Rankin

Subject_1 Merchant Shipping Act, 17 and 18 Vict. cap. 104, sect. 246 Subject_2 Owner and Master Subject_3 Liability Subject_4 Mandate. Facts: In a case where a seaman raised an action of damages against the owners of a vessel for certain alleged illegal proceedings taken by the master under sect. 246 of the Merchant Shipping Act, 1854,— held that the ground of action was irrelevant, the owners not being liable unless it could be shown that they had expressly authorised the illegal proceedings, or had taken benefit therefrom.

This was an action raised by a seaman against the owners of the brig “Earl Grey” of Liverpool; and the pursuer sought to recover damages from the defenders on the ground of certain alleged illegal proceedings by Edward Nankivell, the master of the vessel. The Lord Ordinary pronounced the following interlocutor:—

“23d December 1872.—The Lord Ordinary having heard parties' procurators, and considered the closed record and productions—Sustains the first plea in law for the defenders William Rankin & Sons, dismisses the action, and decerns: Finds them entitled to expenses, of which appoints an account to be given in; and remits the same, when lodged, to the Auditor to tax and report.

Authorities— Gowans v. Thomson , Feb. 6, 1844, 6 D. 606 ; M'Naughton v. Halbert , Nov. 29, 1843, 6 D. 104 ; M'Naughton v. Allhusen Co. , Dec. 11, 1847, 10 D. 236 ; The Druid , April 25, 1842, 1 Wm. Robinson, 391 (Dr Lushington's opinion, 399); Parsons on Shipping, ii, 26; Leddy v. Gibson & Co. , Jan. 18, 1873, 10 Scot. Law Rep., 186 ; Paterson v. Walker , Nov. 29, 1848, 11 D. 167 ; M'Donald v. Chisholm , May 15, 1860, 22 D. 1075 ; Fraser v. Younger & Sons , June 13, 1867, 5 Macph. 861 .

“Adhere to the said interlocutor, dated 23d December 1872: Refuse the reclaiming note: Find the defenders entitled to additional expenses; allow an account thereof to be given in; and remit the same, when lodged, to the Auditor to tax, and report.”