 Secondly, a misfortune of this kind may arise where both parties are to blame ; where there has been a want of due diligence or of skill on both sides : In such a case, the rule of law is, that the loss must be apportioned between them, as having been...  English Admiralty Reports: 1811-1822, Dodson - Sida 5791853Obegränsad förhandsgranskning - Om den här boken
 | Charles Petersdorff - 1825 - 848 sidor
...botbiides. In such a case the rule of law is, that the loss must be apportioned between them, as haviug been occasioned by the fault of both of them. Thirdly, it may happen by the misconduct of tlie suffering party only, and then the role is, that the sufferer must bear his own burthen. Lastly,... | |
 | John Dodson - 1828 - 570 sidor
...there has been a want of due diligence or of skill on both sides : In such a case, the rule of law is, that the loss must be apportioned between them,...then the rule is, that the sufferer must bear his own burthen. Lastly, it may have been the fault of the ship which ran the other down ; and in this case... | |
 | Great Britain. High Court of Admiralty, John Dodson - 1828 - 564 sidor
...been a want of due diligence or of skill on both sides : In such a case, the rule of law isj_that^ the loss must be apportioned between them, as having...then the rule is, that the sufferer must bear his own burthen. — Lastly, it may have been the fault of the ship which ran the other down ; and in this... | |
 | Great Britain. Parliament. House of Lords, Patrick Shaw - 1828 - 504 sidor
...of Admiralty, that where a misfortune happens from the want of due diligence or skill on both sides, the loss must be apportioned between them, as having been occasioned by the fault of both. VOL. II. 2 c June 15. 18*1. My Lords,— The subsequent case, which is reported by Dr Di>dson, was... | |
 | Joseph Story - 1832 - 460 sidor
...where there has been a want of due diligence or of skill on both sides. In such a case the rule of law is, that the loss must be apportioned between them,...then the rule is, that the sufferer must bear his own burthen. Lastly, it may have been the fault of the ship, which ran down the other ; and in this case... | |
 | Joseph Chitty - 1834 - 680 sidor
...where there has been a want of due diligence or of skill on both sides, in such a case the rule of law is that the loss must be apportioned between them,...then the rule is that the sufferer must bear his own burthen. Lastly, it may have been the fault of the ship which ran the other down, and in this case... | |
 | Sandford Nevile, Sir William Montagu Manning - 1834 - 1022 sidor
...Faker, 2 Di lock v. liockt Woodaxird v. PC 386; 1 Taunt. 6. (6) J Dodst TRINITY TERM, VI WILL. IV. of both of them. Thirdly, it may happen by the misconduct...then the rule is, that the sufferer must bear his own burthen. Lastly, it may have been the fault of the ship which ran the other down ; and in this case... | |
 | Great Britain. Court of King's Bench, John Leycester Adolphus, Thomas Flower Ellis - 1837 - 1120 sidor
...there has been a want of due diligence or of skill on both sides : In such a case, the rule of law is, that the loss must be apportioned between them,...the rule is, that the sufferer must 'bear his own burthen. — Lastly, it may have been the fault of the ship which ran the other down ; and in this... | |
 | Joseph Rockwell Swan - 1837 - 614 sidor
...notice has been given, seepage 247. § 8, (E), § 9.] BAILMENT INNKEEPER. 253 case the rule of law is, that the loss must be apportioned between them,...then the rule is, that the sufferer must bear his own burthen. Lastly, it may have been the fault of the ship, which ran down the oilier; and in this case... | |
 | Great Britain. Court of King's Bench, Sandford Nevile, Sir William Montagu Manning - 1839 - 998 sidor
...where there has been a want of due diligence or of skill on both sides. In such a case, the rule of law is, that the loss must be apportioned between them, as having been occasioned by the fault (a) At common law the ransom of British ships or goods taken by the enemy was permitted ; Cornu v.... | |
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