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A ferryman was carrying forty-seven people, including one named Mouse off Gravesend, when a storm threatened the barge. Another passenger threw the cargo overboard to save the barge. Mouse’s casket included £113 inside and he sued the passenger for its loss.
- The court found that in cases of necessity, anyone may act to save lives and there is no liability to them, although there may be liability against the ferryman.
- Mouse’s Case (1608) Michaelmas Term, 6 Jms I. vol 12, page 63
- The case is also sometimes referred to as 77ER 1341.
- Mouse’s Case. - Sir Edward Coke,  Selected Writings of Sir Edward Coke, vol. I (1600)].
- Hicks v Pallington (1599) Moo KB 297.
- Thomas A. Street, The Theory and Principles of Tort Law, Beard Books, page 18.