NOOR AHMODE v. T. & J. BROCKLEBANK, LTD.

(1940) 67 Ll.L.Rep. 287

JUDICIAL COMMITTEE OFTHE PRIVY COUNCIL.

Before Viscount Maugham, Lord Wright and Sir George Rankin.

Master - Negligence - Lascar seaman (respondent) taken ill with bad cold during voyage in appellants' steamship from Calcutta to United States ports and United Kingdom-Medicine given by chief steward with approval of master-Respondent off duty for rest of voyage-Respondent examined at each port of call by doctors employed by appellants-Request by master to doctors at Philadelphia and Norfolk that respondent should be removed to hospital ashore-Medical opinion that it was not a hospital case-Respondent examined on arrival at Avonmouth and found to be suffering from phthisis-Discharged after hospital treatment and sent back to India-Health still very bad-Claim brought against shipowners for damages arising out of the alleged negligence of the master and chief steward in failing to take proper care of the respondent-Damages awarded by Bengal High Court-Appeal by shipowners -Extent of shipowners' duty in regard to the securing of the health and safety of the crew - Doctrine of common employment, as part of law of India, discussed.