" /1/
The case was twice argued, and all the reports agree, as far as
they go, in their statements of the points insisted on.
Holt, for the plaintiff, maintained: /2/ 1. That the master
receives goods generally, citing Southcote's Case, and that in
"only guardian in socage who hath the custody by law, who factor
who is servant at the master's dispose, and so cannot take care,
are exempt." 2. That the master has a reward for his keeping, and
is therefore a proper person to be sued. 3. That the master has a
remedy over, citing the case of the Marshal of the King's Bench.
/3/ That the mischief would be great if the master were not
liable, as merchants put their trust in him, and no particular
default be shown, as appears by the bill of lading, and, finally,
that neglect appeared.
On the other side, it was urged that no neglect was found, and
that the master was only a servant; so that, if any one was
liable, the owners were. /4/ It was also suggested that, as there
would have been no liability if the goods had been taken at sea,
when the case would have within the admiralty law, it was absurd
that a different rule should govern the beginning of the voyage
from would have governed the rest of it. /5/
[194] On the second argument, it was again maintained for the
plaintiff that the defendant was liable "at the common law on the
general bailment," citing Southcote's Case, and also that, by the
Roman and maritime law, he was liable as a public carrier and
master of a ship.
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