coke b the countess OF shrewsbury case mich Elizabeth in the king bench see  Batthyany v Walford Ch d Ch d Blackmore v white qb a action on the case do not  lie against tenant at will for permissive waste but if tenant at will commit  voluntary waste it amount to a determination of the will and a action of  trespass lie against he in some case where there be a confidence repose in the  party a action upon the case will lie although the defendant come to the  possession by the act of the plaintiff SC cro Elizabeth Henry Edward Edward  the countess of Shrewsbury bring a action on the case against Richard Crompton  a lawyer of the temple a declare that she lease to he a house at will quod  that tam neqligenter improvident to watch fire suum quod house that burn to be  to which the defendant plead not guilty and be find guilty c and it be adjudge  that for this permissive waste no action lie against the opinion of brook in  the abridgment of the case of e Br be a be and the reason of the judgement be  because at the commonlaw no remedy lie for waste either voluntary or  permissive against lessee for life Inst stat glouc c dr Stud a   b   a b or  year because the lessee have interest in the land by the act of the lessor and  it be his folly to make such lease and not restrain he by covenant condition  or otherwise that he shall not do waste so and for the same reason a tenant at  will shall not be punish for permissive waste Lord coke   Litt a say for  permissive waste by a tenant at will the lessor have no remedy at all for the  statute of Gloucester extend not to a tenant at will from this and from what  be say by Littleton that the lessee at will be not bind to sustain or repair  the house as tenant for term of year be tie it may have be infer that a action  on the case do lie against tenant for year for permissive waste and of this  opinion be serjeant William Vid note pomfret v Ricroft sand b but in some  recent case in c b the court have incline strong to the opinion that such  action do not lie against tenant for year Gibson v well n r Herne v Benbow  taunt Jones v hill taunt SC I b more there be several case where it seem to  have be hold that upon a lease at will make by a tenant for year such tenant  may have his action on the case against his lessee at will for permissive  waste and the reason assign be because he be answerable over in waste bring by  his lessor Cudlip v Rundle Carth pantam v Isham salk SC lev now by stat Ann c  make perpetual by stat Ann c all person be exempt from action for accidental  fire in any house except in the case of special agreement between landlord and  tenant Vid Mr hargrave note   Litt a a but the opinion of Littleton be good  law fol if coke report a er p lessee at will commit Cr car Noy light sect    light a roll roll raym c voluntary waste sure in abatement of the house or in  cut of the wood there a general action of trespass lie against he for as it be  say in and Phil mark dyer b when tenant at will take upon he to do such thing  which none can do but the owner of the land these amount to the determination  of the will and of his possession and the lessor shall have a general action  of trespass without any entry and there e b be cite that if a   light a e b    a more Leon goldb Owen dyer pl more d bailee of good as of a horse c kill they  the bailee shall have a general action of trespass for by the kill the privity  be determine but it be agree that in some case when there be a confidence  repose in the party the action upon the case will lie for negligence coke a  although the defendant come to the possession by the act of the plaintiff as  Fitzherbert action sur Le case Br action sur Le case e e a b where a man  deliver a horse to another to keep safe the defendant horse that tam negligent  to watch quod ob diminution bon guard interiii the action on the case lie for  this breach of the trust so h if my light sect Owen more die pl Goldsb f  shepherd who I trust with my sheep and by his negligence they be drown or  otherwise perish a action upon the case lie but in the case at bar it be a  lease at will make to the defendant and no confidence repose in he wherefore  it be award that the plaintiff take nothing by her bill