case Edward case Trinity term Eliz in the exchequer Chamber in a action on the  case that the defendant overcharge a warehouse by mean whereof it fall if he  plead that it be ruinous and therefore it fall he must traverse that it be  overcharge see Calyes case   a and Fitzherbert title ostler action upon the  case for that the plaintiff have a cellar in which he put diverse hogshead of  wine and the defendant have a warehouse over the cellar malicious lie into the  warehouse such a weight of ware qubd r r qravi a m P ple weight the floor of  the warehouse fall down and spoil all his wine by which c the defendant plead  that I S be possess of the warehouse and of the cellar and let the cellar to  the plaintiff and the warehouse to the defendant and that at the time of the  lease make the warehouse be much in decay and ruinous and that there use to he  lie in the warehouse a thousand weight and that he put in it but eight hundred  weight etprapter ruinositatem it fall down and conclude his plea el hoc a  preparation be verify upon this it be demurrer in law and the principal cause  of the demurrer be for that the plaintiff lie to the defendant charge that he  wicked do overcharge the warehouse with ware and that it fall ro r ra p pie g  way tatem weight and the defendant answer that it be ruinous and fall near  ruinositatem and do not traverse that which be lie to his charge and this case  be argue by Atkinson and Fleming for the plaintiff and by come and Dalton for  the defendant and after several argument at the bar gentleman and clark baron  hold strong that the plea be not good for want of a traverse for when a  malfeasance be lie to the defendant charge he ought express to traverse it and  not a see Henry c croak Elizabeth er p to answer it by argument but manwood  chief baron hold strong the contrary that the plea as food for he confess that  it fall but show how as in waste the defendant plead that it be ruinous at the  time without answer express to the waste so in a action upon the case against  a innkeeper it be a good plea that the plintiff be robbed by one who come in  company with he without traverse that it be by his default but it be answer  that no malfeasance be express suppose by these act but only a permission but  here a ill act be express suppose which ought express to he traverse and the  two baron say that so be the opinion of the other judge with who they have  confer wherefore against the opinion of manwood they give judgement for the  plaintiff