112 F. 439 | N.D. Cal. | 1901
It is shown by the evidence that the libelant was not competent to properly discharge the duties of
'. “Incompetency for the station contracted for is not, however, hy the general maritime law, a valid reason for a discharge in a foreign country. The-mariner may be degraded, or his compensation may be diminished; but I apprehend that the French rule (if it be one) is an exception to the more universal rule, and that a merely innocent incompetency is not alone a sufficient ground for dismissing the seaman altogether, from the service of the vessel.”
■ The fact that the port where libelant was discharged was not in a foreign country is not sufficient to render the rule just stated inapplicable to the. present case.
■ The clause in the shipping articles giving to the master or agent of th.e defendant the right to discharge the libelant for a failure-to properly perform the duties for which he shipped was not read or explained to the libelant, and is not binding up'011 him. The defendant contracted ■ to pay the. libelant the ' sum of $50 per month for the round trip, but, on account of libelant’s inability to-satisfactorily discharge the duties for which he was employed, a deduction from the amount agreed upon should be made. In my opinion, the libelant is entitled to recover for the whole time for which he was shipped at the rate of $35 per month, and upon this basis-he is entitled to a decree for the sum of $107.50 and costs.
Ret sucl) decree be entered.