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The Humber Ferryman and the Action on the Case

Published online by Cambridge University Press:  16 January 2009

Albert Kiralfy
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Extract

In my recent book on the Action on the Case (1951) I advanced the view that the famous Humber Ferryman Case was in the true line of descent of the action on the case. I dealt with it mainly, however, in connection with carriers' liability and a few further remarks may be necessary, in order to explain how far, if at all, my views differ from those put forward in the textbooks. The report in the Book of Assizes may be found translated in Professor Plucknett's treatise and in Mr. Fifoot's book but, as it is brief, it may be worth while beginning with Professor Plucknett's translation, viz.:

“J. de B. complained by bill that G. de F. on a certain day and year at B on Humber undertook to carry his mare, [taken] in his boat, across the water of Humber safe and sound; whereas the said G. overloaded his boat with other horses, by reason of which overloading the mare perished, to his tort and damage.

Type
Research Article
Information
The Cambridge Law Journal , Volume 11 , Issue 3 , November 1953 , pp. 421 - 424
Copyright
Copyright © Cambridge Law Journal and Contributors 1953

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References

1 Y.B. 22 Ass. f. 94, pl. 41.

2 Action on the Case, p. 154.

3 Concise History of the Common Law, 4th ed., p. 441.Google Scholar

4 History and Sources of the Common Law—Tort and Contract, p. 330.Google Scholar

5 XIII Bulletin of the Institute of Historical Research, London (1935), p. 36.Google Scholar

6 K.B. roll 22 Edw. III, Mich. in. 85, Yorks.

7 Ibid., p. 442.

8 Cf. The Action on the Case, pp. 139, 154, 159.

9 19 Hen. 7, c. 9.

10 Sir William Herbert's Case, 3 Rep. 12a.; Rogers v. Mascal, 1 Sid. 248 at 259, “capias in an action on the case is given by the statute 19 Hen. 7, c. 9.”

11 Y.B. 42 Edw. III, P. pl. 13, f. 11; ibid. Y.B. 42 Ass. f. 260b, pl. 17. See, generally, Kiralfy, Action on the Case, p. 152.

12 Y.B. 42 Edw. III, P. pl. 13, f. 11.

13 Y.B. 42 Ass. f. 260b, pl. 17.

14 Hobart 56.

15 Y.B. 48 Edw. III, H. f. 6, pl. 11; cf. Fifoot, op. cit. 82.

16 See note 1.

17 Br.Mus.Harl. 811, f. 38.

18 Bodl. 364, f. 90.

19 Kiralfy, Action on the Case, p. 147; Y.B. 2 Henry IV, M. pl. 9, f. 31.

20 Kiralfy, Action on the Case, p. 138.

21 Supra.