 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...  The Merchants' Magazine and Commercial Review - Sida 5401843Obegränsad förhandsgranskning - Om den här boken
 | 1843 - 602 sidor
...both parties are to blame — where there has been a want of due diligence or of skill on boih sides. In such a case, the rule of law is, that the loss...by the misconduct of the suffering party only, and thon the rule is, that the sufferer must bear his own burthen. Fourth. It may have been the fault of... | |
 | United States. Supreme Court - 1843 - 460 sidor
...in any degree. Secondly. When 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...them, as having been occasioned by the fault of both. Thirdly. It may happen by the misconduct of the suffering party only, and then the rule is, that the... | |
 | John Bouvier - 1843 - 752 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. 6 Whart. R. 311. — 3. The suffering party may have been the cause of the injury, then he must bear... | |
 | Samuel Owen - 1845 - 434 sidor
...both parties are to blame — where there has been a \vant of due diligence or of skill on both sides. In such a case, the rule of law is, that the loss...and then the rule is, that the sufferer must bear hie own burthen. Fourth. It may have been the fault of the ship which ran the other down, and in this... | |
 | Francis Hildyard - 1845 - 894 sidor
...both parties are to blame ; where there has been a want of due diligence and skill on both sides : in such a case, the rule of law is, that the loss...having been occasioned by the fault of both of them. Thirdly, it may happen by the misconduct of the suffering party alone ; and then the rule is that the... | |
 | Francis Hildyard - 1845 - 894 sidor
...the fault of both of them. Thirdly, it may happen by the misconduct of the suffering party alone ; and 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 the injured... | |
 | Charles Abbott (Baron Tenterden) - 1846 - 1088 sidor
...Ship Constitution, Gilpin, 579 ; 3 Kent, (Oth ed.) 231. >. CHAP. lJ OF COLLISION. 303 •both sides ; in such a case, the rule of law is, that the loss...having been occasioned by the fault of both of them. (1) Thirdly, it may happen by the misconduct of the suffering party only ; and then the rule is, that... | |
 | Edwin Edwards - 1847 - 324 sidor
...Where both parties are to blame, where 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...as having been occasioned by the fault of both of them."f damaged, and alleged to be consequential to the collision ; but the Court appears to have refused... | |
 | 1848 - 706 sidor
...in any degree. Secondly, when 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...them, as having been occasioned by the fault of both. Thirdly, it may happen by the misconduct of the .suffering party only ; and then the rule is, that... | |
 | Freeman Hunt, Thomas Prentice Kettell, William Buck Dana - 1848 - 726 sidor
...in any degree. Secondly, when 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...them, as having been occasioned by the fault of both. Thirdly, it may happen by the misconduct of the suffering party only ; and then the rule is, that the... | |
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