The Humber Ferryman's case

Facts

Nicholas Tounesende of Helle undertook to ferry John Bukton's horse across the Humber river. Tounesende overloaded the boat with horses and Bukton’s horse fell overboard. Bukton sued in tort, for trespass. There was no sealed document, and under previous law it had been required to sue for breach of a covenant. So Tounesende argued that the action should be brought in covenant. The King's Bench had travelled away from Westminster and had arrived in York.

Judgment

The King's Bench held the action could rightly be brought in tort. The claim was against the killing of the horse, and not merely the failure to transport it. Accordingly no documentary proof of a covenant was needed.