The "Lanarkshire"
| Jurisdiction | England & Wales |
| Judgment Date | 03 March 1855 |
| Date | 03 March 1855 |
| Court | High Court of Admiralty |
English Reports Citation: 164 E.R. 380
THE HIGH COURT OF ADMIRALTY
Applied, The "Mah Ivo," 1869, L R. 2 Adm. & Ec. 359; Walsh v Bishop of Lincoln, 1874, L. R. 4 Adm. & Ec. 253.
[189] the "lanarkshire" The High Court of Admiralty. Feb. 22, Mar. 3, 1855.-Seamen's wages. In a suit against the ship the owners pleaded that the men had commenced an action against the master for the same wages in Canada, which was still pending. Held, that although the suit here was in rem, and that in Canada was- a personal action against the owner, yet the cause of action being the same, and the owner ultimately responsible in both suits, the plea would bar this action. [Applied, The "Mali Ivo," 1869, L R. 2 Adm. & ec. 359; Wahh v Bishop of Lincoln, 1874, L. R. 4 Adm. & ec.. 253.] On admission of allegation. This was a suit for wages, brought by Henry Wagner, late carpenter, and Thomas Bennett, late second mate on board this vessel. Their summary petition alleged that in June 1853, the vessel being at Liverpool, designed on a voyage to Baltimore, or any port of British North America, and back to any port of the United Kingdom, William Paterson, the master, engaged H. W. and T. B. to serve on board during her then intended voyage, ifc being specially agreed and provided that such service should not extend beyond the period of twelve months ec.* ad. 110. the "lanarkshire" 381 from the time that they were respectively hired; that accordingly they entered into tbe qervice of tie ship, and signed the usual ship's articles, H. VV. on the 29th of June, and IT. B. oo the 1st of July; that on the 4th of July, the ship sailed with a cargo of salt and coal for Baltimore, where she arrived about the 28th of August; and having discharged her cargo and taken in another, sailed oh the 3rd of October for Quebec ; but On the 15th was driven ashore in the Gulf of St Lawrence, where she remained until the 7th of November; that she arrived at Quebec on the 14th of November, and was thert frozen up until May 1854; that she was then taken into the dry dock for repairs ; that the said H. W and T. B. remained on board performing their respective duties, and assisting in loading the vessel with timber until the 3rd of July 1854, when, the pesiod of twelve months agreed upon having expired, they applied to William Patterson, the master, for their discharge, which he refused to give them; that they have made repeated application to the said master for the payment of their wages...
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