Potter v. Smith
Massachusetts Supreme Judicial Court
Contract to recover the plaintiff’s lay in a whaling voyage. At the trial in the superior court, before Wilkinson, J., it appeared that the plaintiff shipped as second mate on board the defendants’ vessel, under articles the sixth of which was as follows: “ It is further agreed that if any officer or seaman, after a fair trial of his abilities and disposition, shall be judged by the master incompetent or indisposed to the proper discharge of the duties of his station, the…
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Contract to recover the plaintiff’s lay in a whaling voyage. At the trial in the superior court, before Wilkinson, J., it appeared that the plaintiff shipped as second mate on board the defendants’ vessel, under articles the sixth of which was as follows: “ It is further agreed that if any officer or seaman, after a fair trial of his abilities and disposition, shall be judged by the master incompetent or indisposed to the proper discharge of the duties of his station, the master shall have a right to displace him and substitute another in his stead, — a corresponding reduction of the lay of…
1Opinion of the CourtMorton, J.
The principal question at the trial was as to th legality of the act of the master in discharging the plaintiff from the ship. The defendants justified this act under the sixth arti cle of the shipping articles, which is set out in the bill of exceptions ; and asked the court to rule that, if the master acted in the matter of the discharge in good faith, his judgment in discharging the plaintiff was final and the plaintiff could not recover. The court declined so to do, but instructed the jury that the terms of the sixth article did not make the judgment of the master in discharging the…
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