Mouse's case (original) (raw)

Mouse’s Case (1608) is a landmark English law judgment. The matter helped establish the defence of necessity in tort. A ferryman was carrying forty-seven people, including one named Mouse, when a storm threatened the barge off Gravesend. Another passenger threw the cargo overboard to save the barge. Mouse’s casket included £113 inside and he sued the passenger for its loss. * The court found that in cases of necessity, anyone may act to save lives and there is no liability to them, although there may be liability against the ferryman.