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" 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 occasioned... "
Reports of Cases Argued and Determined in the High Court of Admiralty ... - Sida 85
efter Great Britain. High Court of Admiralty, John Dodson - 1828
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The Law Relating to Waters, Sea, Tidal, and Inland

Henry John Wastell Coulson, Urquhart Atwell Forbes - 1880 - 788 sidor
..." been a want of due diligence or " 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 " burden. Lastly, it may have " been the fault of the ship which " ran the other down, and in this...
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A Treatise on the Law of Bills of Lading: Comprising the Various Legal ...

Eugene Leggett - 1880 - 520 sidor
...is, that the loss must be apportioned among them, as having. been occasioned by the fault of both. Thirdly, it may happen by the misconduct of the suffering...then the rule is, that the sufferer must bear his own burden. Lastly, it may have been the fault of the ship which run the other down ; and, in this case,...
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The Canadian Law Times, Volym 6

1886 - 666 sidor
...there has been a want of due diligence or skill on both sides. In such a case the rule of law is that the loss must be apportioned between them, as having...fault of both of them. Thirdly, it may happen by the fault of the suffering party only ; and then the rule is that the sufferer must bear his own burden....
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A Treatise of the Law Relative to Merchant Ships & Seamen, in Six Parts: I ...

Charles Abbott (Baron Tenterden) - 1881 - 1106 sidor
...having been 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...occasioned by the fault of both of them (/). Thirdly, by the misconduct of the suffering party only ; and then the rule is, that the sufferer must bear his...
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The York Legal Record, Volym 3

1883 - 262 sidor
...been a want of due diligence or skill on both sides, the rule of law is that the loss must be eqnally apportioned between them, as having been occasioned by the fault of both of them: Bromi's Legal Maxims 376. So here, both being in pan' delicto, both should be held in equal degree...
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Institutes of American Law, Volym 1

John Bouvier - 1882 - 734 sidor
...to blame ; as, when there has been a want of due diligence or of skill on both sides; in such cases the loss must be apportioned between them, as having been occasioned by the fault of both of them.11 The suffering party may have been the sole cause of the injury ; then he must bear the loss....
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Reports of Cases Argued and Decided in the Supreme Court of the ..., Band 11

United States. Supreme Court - 1883 - 1240 sidor
...there has been a want of due diligence or skill on both sides, in such case the rule of law is, that the loss must be apportioned between them, as having been occasioned by the fault of both. Third, ft may happen by the misconduct of the suffering "party only, and then the rule is, that the...
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Wood's Browne on the Law of Carriers of Goods and Passengers by Land and Water

John Hutton Balfour Browne - 1883 - 818 sidor
...there has been want of due diligence or of skill upon both sides ; in such case the rule of law is that the loss must be apportioned between them as having...then the rule is that the sufferer must bear his own burden. Fourthly, it may have been the fault of the ship which ran the other down, and in this case...
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The Law Journal Reports: New Series, Volym 52, Del 3

1883 - 878 sidor
...Stowell had in The Woodrop (12) laid down that when both ships were to blame " the rule of law is that the loss must be apportioned between them, as having been occasioned by the fault of both of them." As the Woodrop was solely to blame he had no occasion to say on what principle it was to be apportioned....
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The Supreme Court Reporter, Volym 11

1891 - 1200 sidor
...through a collision between two vessels, where both parties are to blame, the rule of law is "that the loss must be apportioned between them, as having been occasioned by the fault of both of them." This rule was approved by the house of lords, on an appeal from Scotland, in Hay v. Le Nevé, 2 Shaw,...
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