case boson against Sandford and other see SC Mod e r with note the proprietor  of a ship common employ in carry good on fraught be liable as common carrier  for the loss of good ship but the action must be bring against all the part  owner or the defendant may plead it in abatement SC show SC Mod SC salk SC  salk SC comb SC Carth SC skin SC Freem case wherein the plaintiff have declare  that whereas on the ten of may the plaintiff have at London deliver and load  on board the ship call the company be adventure of exon whereof the defendant  be then and there owner in which say ship the good and ware of person require  the carriage thereof be common carry and transport for reasonable fraught and  salary diverse good and ware of the say plaintiff videlicet c to the value of  a hundred pound in good order and well condition to be safe transport for the  plaintiff from London aforesaid to the port of Topisham in the county of Devon  in the say ship the danger of the sea except for a reasonable fraught and  salary by the plaintiff to the defendant for such carriage thereof to be pay  and the say defendant the same good and ware of the plaintiff in the shower KB  say ship under their custody for the cause aforesaid then and there have and  receive and they to transport and carry in form aforesaid do undertake  nevertheless the defendant not regard their duty in this behalf but fraudulent  intend to injure the say plaintiff and not hinder by the danger of the sea but  the say ship arrive safe in the port of Topisham aforesaid the say good and  ware in such good order and condition as they be at the time of the delivery  and lade thereof on the aforesaid ship to the say plaintiff do not deliver but  the same good c so improvident and negligent do place carry and keep in the  say ship in the say voyage that by the default of the defendant and their  servant c the say good by the seawater come into the say ship be spoil and  damnified upon not guilty plead the cause be try before the Lord Herbert we  insist for the defendant first that though this ship usual carry good between  London and Exeter yet the action ought to be bring against the master for he  receive the good and ought to be answerable for they and the master of the  ship be no defendant nor so much as join second beside if the action lie all  the owner ought to be join and there be several other not name and the case of  Morse v Sluice a be cite three also we that be the defendant never speak with  the plaintiff or make any special undertake and that no bill of lade be give  by the master and that a common carrier have his remedy against the hundred  but here be none letter shall be send under the great seal or the little seal  the signet or privy seal in disturbance of the law or to disturb or delay  common right and though such commandment shall come the judge shall not cease  to do right and this be also make a part of their oath by the statute Edward  saint and by will mary saint c S it be declare that no dispensation by non to  stand before of or to any statute or any part thereof shall be allow but that  the same shall be hold void and of no effect except a dispensation be allow of  in such statute a Mod shower KB er p and I put this case suppose a house be  burn by the neglect of a tenant and other house be burn by the mean thereof  sure the landlord shall not be answerable for the wrong be personal the tenant  tam improvident to watch ignite here the form be the same but the Lord chief  justice seem of opinion that we be liable but that the master ought to be join  or at least all the owner whereupon a special verdict be find b