case mikes against caly a action on the case lie by a master of a ship against  the officer of a corporation for wrongful distrain his cargo whereby he lose  his voyage S c holt vide cro in a action on the case the plaintiff declare  that he be possess of a ship ready for a voyage to America lie in the harbour  of b and be ready to set sail the first fair wind that the defendant enter  upon his possession and distrain the corn with which the ship be fraught  whereby he lose his voyage to his damage c the plea be that the say b be a  ancient borough for several hundred year by such a name and afterward  incorporate by letter patent by another name that time out of mind there be a  ancient court in the borough for administration of justice c that the  corporation time whereof c use to repair and maintain the courthouse modern  report at their charge and in consideration thereof they have time c so much a  sack for all corn that be sell in that borough in the name of toll by any not  inhabitant or free of the corporation that the corn in the plaintiff ship be  buy by person not inhabitant c and put on board without pay toll and a  prescription for distrain in case of refusal be lie that the defendant be  bailiff appoint by the town as their bailiff by write under their common seal  and upon demand and refusal distrain the corn for the use of the corporation  the plea be agree to be have chief for that it be not lie that it be a  corporation time out of mind Inst but it be argue first that as it be lie the  fact be a trespass and therefore the plaintiff have misconceive his action for  general trespass and trespass upon the case be different form action ground  upon different species of offence Edward roll Rep palmer h a action on the  case for a nuisance for make a lime kiln without lie it to be upon the  defendant own soil be hold have because if it be upon soil of plaintiff  trespass be the proper remedy and not case though a consequential damage  videlicet the loss of watercourse be lie latch the action on the case be  against a servant for take away good for which toll be due without pay toll  whereby the good be forfeit and there it be question whether that be case or  trespass but hold to be proper for case because a servant who have authority a  and it be say that n b do not warrant the opinion ground upon it in   and he  quote the case of Thornton v austin a a action on the case be bring for enter  into a waste and drive cattle whereby they be damage and the b see prowse v  Pattison Mod S c vin Abr Richard v Acton black yea v Lethbridge term Rep  concannon v Lethbridge h Bl Rep and Evans v Brander h Bl Rep a see the case of  maley v Gaisford in which it be say to be difficult to put a case where the  master will be consider as a trespasser for a act of his servant which be not  do by his command in the common plea easter term Geo h Bl Rep but see day v  Edward term Rep Savignac v room term Rep a easter term will enter Hilary term  will roll modern report er p judgement be arrest for that trespass lie and not  case the case of Gill v Darle b be a action on the case for cut the plaintiff  corn and the judgement be arrest for it shall have be general trespass and if  every trespass be turn to case the king will lose his fine c it be further  urge that this action do not lie for the master first for by the same reason  it will lie for every one of the mariner for every of they too have lose their  voyage and so it will likewise for every of the owner second it be to maintain  a action for consequential damage with which a stranger may dispense as if I  covenant with a to build a house upon his ground and b ousts he by which I be  hinder of perform my covenant modern report I can have a action on the case  against b because a by his release may make the hindrance lawful and so may  the owner do here and if any damage be the action ought to have be bring by  the owner and the master have his remedy against he but per curium the  plaintiff have judgement and by holt chief justice the master of a ship be in  many respect suable and may sue in thing concern the ship as well as the owner  and the defendant may have title to the good by sale or consignment by the  owner but that ought to have be plead and what the master recover in this  action be to the use of the owner the master may bring a action against any  merchant for fraught in his own name but quatenus master he can bring trover  for the ship but he may have case if by a seizure of the ship he be hinder of  his voyage as here and what be take from he in relation to the ship he shall  have case or trespass for it at his election with this difference that if he  bring trespass be must declare upon his possession and he shall have trespass  for a disturbance of he in his office et per totan curian judgement be give  for the plaintiff