coke mouse case mich James if a ferryman surcharge a barge any passenger may  cast the thing out of the barge in case of necessity for the safety of the  life of the passenger and the owner shall have their remedy against the  ferryman if there be no surcharge and the danger accrue only by the act of God  no default be in the ferryman every one ought to hear his own loss if a  tempest arise at sea to lift up wavis cause and for the salvation of the life  of the man passenger may cast over the merchandise c in a action of trespass  bring by mouse for a casket and a hundred and thirteen pound take and carry  away the case be the ferryman of Gravesend take fortyseven 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 tle life of the a Vid the note of  serjeant William Pinkney v inhabitant de rotel sand for the proceed against  the hundred upon the statute of hue and cry coke report er p man it be resolve  per totan curian 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 quod quis ob  tutelage substantial object Himself to make jure id to make idetur to which  the defendant plead all this special matter and the plaintiff reply de in an  unjust manner svan not common with others without tali causan 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 causan 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 everyone ought to hear his loss for the safeguard and life of a man  for interest reipublicce quod man to retain Edward c h h dyer pluck down of a  house in time of fire c and this pro good publico etconservatio vitce man be  good public officer so if a tempest arise in the sea to lift up ship causan  and for salvation of the life of man it may be lawful for passenger to cast  over the merchandise c