Mouse's case
Mouse’s Case (1608)[1] is a landmark English law judgment. The matter helped establish the defence of necessity in tort.[2]
A ferryman was carrying forty-seven people, including one named Mouse, when a storm threatened the barge off Gravesend. 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.[3]
It was, however, still incumbered on the ferryman to contribute to the reimburse of the loss.[4][5]
References
- ^ 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, [1] 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.