Judgment was arrested, it would seem on
the latter ground, but the court continued: "And, although the
declaration may be good without recital of the custom of the
realm, as Hobart says, still it is the better way to recite it."
We now come to the great case of Morse v. Slue /2/ (23 & 24 Car.
II., A.D. 1671, 1672). This was an action against the master of a
ship lying in the river Thames, for the loss of goods intrusted
to him. The goods in question were taken away by robbers, and it
was found that the ship had the usual guard at the time. There
seem to have been two counts, one on the law and custom of
England (1 Vent. 190), for masters of ships "carefully to govern,
preserve, and defend goods shipped, so long as said ship should
remain in the river Thames" (2 Keb. 866); "to keep safely [goods
shipped to be carried from London beyond sea] without loss or
subtraction, ita quodpro defectu of them they may not come to any
damage" (1 Vent. 190); "to keep safely goods delivered to them to
carry, dangers [193] of the sea excepted" (2 Levinz, 69; the
exception last was perhaps drawn by the reporter from the usual
bills of lading referred to in argument). The second count, which
is usually overlooked, was a special count "on delivery and being
stolen by his neglect.
Pages:
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250