mouse case in a action of trespass bring by mouse for a casket and a hundred  thirteen pound take and carry away the case be the ferryman of Gravesend take  forty seven passenger into his barge to pass to London and mouse be one of  they and the barge be upon the water a great tempest happen and a strong wind  so that the barge and all the passenger be in danger to be drown if a hogshead  of wine and other ponderous thing be not cast out for the safeguard of the  life of the man it be resolve per all senate that in case of necessity for the  save of the life of the passenger it be lawful to the defendant be a passenger  to cast the casket of the plaintiff out of the barge with the other thing in  it for quoth quis ob tutelage substantial object Himself to make jure id  to make to see to which the defendant plead all this special matter and the  plaintiff reply de in an unjust manner to sew not common with others without  tali cause and the first day of this term this issue be try and it be prove  direct that if the thing have not be cast out of the barge the passenger have  be drown and that to lift up cause they be eject some by one passenger and  some by another and upon this the plaintiff be nonsuit it be also resolve that  although the ferryman surcharge the barge yet for safety of the life of  passenger in such a time and accident of necessity it be lawful for any  passenger to cast the thing out of the barge and the owner shall have their  remedy upon the surcharge against the ferryman for the fault be in he upon the  surcharge but if no surcharge be but the danger accrue only by the act of God  as by tempest no default be in the ferryman every one ought to bear his lose  for the safeguard of the life of a man for interest republic quoth man  to retain Edward c Henry Henry dyer pluck down of a house in time of fire c  and this pro good public preservation vitae man be good public officer so if a  tempest arise in the sea to lift up ship cause and for salvation of the life  of man it may be lawful for passenger to cast over the merchandise c