boson against Sandford and seven other c shower Mod salk overrule Govell v  Radnidge east uphold Powell v Layton b p n r see Kendal v Hamilton App Cas  master or partowners of a ship responsible but all the partowners to be join  lev sander Mod salk Bulst post Mod term Rep case against the defendant  proprietor of a ship wherein good be usual transport for hire and that the  plaintiff load good on board the say ship to be carry for hire from London to  Topsham in Devonshire and that the defendant receive they and undertake to  carry they to Topsham but that they not be careful therein but neglect their  duty do so careless place and carry the good that though the ship arrive safe  at Topsham yet the good be spoil and on not guilty the jury find a special  verdict videlicet that ten other person beside the defendant be proprietor and  partowners of the ship that the ship bad a master place in her by the  partowners who have wage for every voyage between Topsham and London that the  good be deliver to the master none of the partowners be present and that no  contract be make with they or any for the plaintiff that the ship shall arrive  safe at Topsham but that the good be spoiledby negligence c and if for the  plaintiff for the plaintiff and if not for the defendant and two question be  make in this case whether the proprietor levinz er p be Chargeable no contract  be make with they for that here be a master who be Chargeable in respect of  his wage as in the levinz case of mors and slay I Ventris late adjudge in this  court and as to this point holt now Ch just hold clear that though the master  be Chargeable in respect of his wage so be the proprietor also in respect of  the fraught which they receive for the carriage of the good at the plaintiff  election whether the action lie against the defendant only it appear there be  other partowners who be not make defendant and he hold that the action do not  lie except it be bring against all the partowners for they be all Chargeable  in respect of their joint profit make by the carriage and that in point of  contract upon their joint undertake be it either express or imply and they be  not Chargeable as trespassors for then one of they may be charge alone but in  point of contract upon their receipt of the good to be carry for hire and so  have the plaintiff lie it in his declaration videlicet that they undertake to  carry they c say cur advisare vult but afterward as justice dolben tell I  judgement be give for the defendant for that cause levinz be of counsel for  the plaintiff