Master Mariner's Claim "L suggest that 24 hours' notice is quite reasonable in the case of a captain," said Mr, Victor Priestwood in the course of a case in Supreme—Court on 'Tuesday, Feb. 20, and ' went onto' explain ' tha:—_shipowners could not give longer notices, much asia months, as they could Dot always he sure where a ship would be at such and such a time—He'might "bein the middle of a 40 was one of damages for Thomas Burnet Anderson, plaintiff, appeared for Sopa ang Br. Victor Priestwood for Moller & Ca,, the defendants. The case was eked by Judge ing the case for the plaintiff, Mr," Badeley said that Captain Anderson was a qualified master mariner, and from April 8, 1929, October' 11, 1983, had been in the employ of Moller & Ca, as master of various ships, at a salary of $405 a month. On October 9, 193: ho received a letter from the company in which they stated that, they were introducing a rule of 00, they would have to ale Kim masters were to leave at the The was therefore discharged, Bin anlary "up te October 11. cording' to, the defence, they" could five him 24 hours' notice. They Hated that he went to the office of hin' avvival here was one far damages for wrongful dismissal, it was not an action for tort, but' action for breach of contract. Thera was no allegation of misconduct on the plaintiff's part; in fact, he had been sven liberal testiionia.
he three points at. difterenc between the parties, were:—whether hho was ready' and willing to perform
to give him 24 hours' notice or not:
dutys" wether they. only had und whether he voluntarily tacitly. resigned, Enteving the witness box, Captain Anderson said he had held a master imariner's certificate since 1892, He firat came out to China in i891; during the war he was in the Dollar Line carrying munitions of war from Vangouver to Vladivostok, In 1921, he joined the China Mer chants 8.'Ne Cow, but left in April 3928, as he could not stand: the conditions of service, After looking for work here and in Hongkong, he joined Moller & Ca., being asked to luke command of the Isabel Moller for a trip to Chinwangtao, He fully expected to be dismissed the end of this, voyage, but 1 communication, At the end of the third Mr; Moller, Senior, who would retain command, In December 1929, he was transferred to the Daisy Moller, retain-
when he went home, and brought ing command, till' Febroaty 1031, the s. Rosalie Molter out to China, He ¥emained ju command of her for a time, and, after one, or two other transfers," was appointed to the command of the Hannah Moller. When that ship arrived in Shanghai on October 9, 1933, he found a letter Waiting for' hin, from Mr.
which he was tol company's deci the captain did not seem to be surprised, Mr. Moller explained him his reasons for calling for his resignation, and the only comment Captain Anderson made was:—T am sorry you did not let me know two months ago, as then F would not have sent home #800." He asked for a testimonial, and did complain of harsh treatment.
have never, dismissed anyone, he continued, "We have always parted by mutual consent, Our captains can give us 24 hours' notice, and we can give them the same. "Tu regard to a question whether this sudden. notice might not inconvenience them, he replied:
"We have twelve chief officers with master's certificates, who are always ready to come forward and take command, They are fully acquainted with the coast."
Cross-examined he said he called for "the captain's resignation, as he thought the safety of the sip called for it "He felt he had made mistake in giving Captain aut Anderson such an excellent. te monial, bat he wanted to help him fat the' time.
Evidence of engaging the plaintiff was given by Mr. E. Moller, whilst Captain R. A, Young, marine super-intendant, said that Captain Young had asked him, about four yours ago, to use his influence to get him a chief officer's position, ashe hoped to retire within two years. This closed the defendants' case, "The case was then adjourned to 10 am. on Friday, March 2.
Text read from the printed page and cleaned; old type leaves the occasional error.