MOORE v. CANADIAN PACIFIC STEAMSHIPS, LTD.

(1944) 78 Ll.L.Rep. 120

LIVERPOOL ASSIZES.

Before Mr. Justice Lynskey.

Seaman-Desertion-Return of effects-Wages -Libel-Plaintiff employed by defendants as ship's cook-Recurrence of ear trouble during voyage - Evidence that plaintiff suffered from chronic mastoiditis and that he had undergone numerous operations to alleviate the complaint-Plaintiff dissatisfied with treatment received from ship's doctor-X-ray photographs taken and examination made by shore doctor on advice of Port Health Officer-Opinion of shore doctor that operation was urgently necessary-Master first aware of visit to shore doctor when he (the master) received X-ray photographs and reports-Plaintiff ordered by master to return to duty pending investigation-Refusal to comply with order plaintiff going ashore and entering hospital for operation on ear-Entry in log by master that plaintiff was deserter- Effects not put ashore-Wages unpaid- Claim by plaintiff for declaration that he did not desert his ship; for the return of his effects or their value, and damages for detention and/or conversion; for damages for breach of statutory duty by the master under Sect. 36 of the Merchant Shipping Act, 1906; for wages; and for damages for libel - Merchant Shipping Act, 1894, Sect. 221.