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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... "
The Merchants' Magazine and Commercial Review - Sida 540
1843
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Merchants' Magazine and Commercial Review, Volym 19

1848 - 696 sidor
...the loss must be apportioned between them, as having been occasioned by the fault of both. Thirdly, it may happen by the misconduct of the suffering party...then 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 case the...
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A Treatise on the Law of Marine Insurance and Average: With ..., Volym 1–2

Sir Joseph Arnould - 1848 - 780 sidor
...occasioned by the fault of both. " 3dly. It may happen by the misconduct of the suffering • party alone ; and then the rule is, that the sufferer must bear his own burden. "~4thly. It may have been the fault of the ship which ran the other down ; and in this case...
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A Treatise on the Law of Marine Insurance and Average: With ..., Volym 2

Sir Joseph Arnould - 1849 - 782 sidor
...Collision. Liability of the underwriter in these different cases. diligence and skill on both sides ; in such a case the rule of law is, that the loss must...them, as having been occasioned by the fault of both. " 3dly. It may happen by the misconduct of the suffering party alone ; and then the rule is, that the...
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A Treatise on the Law of Carriers of Goods and Passengers, by Land and by Water

Joseph Kinnicut Angell - 1849 - 808 sidor
...parties are to blame, or where there has been want of due diligence or of skill on both sides ; in such case, the rule of law is, that the loss must be apportioned...having been occasioned by the fault of both of them. Thirdly, it may happen by the misconduct of the suffering party only; and then the rule is, that the...
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Practical Notes on the Structure of Issues in Jury Cases in the Court of ...

Robert MacFarlane - 1849 - 678 sidor
...both parties arc 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...apportioned between them, as having been occasioned by tke fault of both. Thirdly, It may happen by the misconduct of the suffering party only; and then the...
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A dictionary, practical, theoretical, and historical, of commerce and ...

John Ramsay M'Culloch - 1849 - 116 sidor
...both partit's 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 bctween them, as having been occasioned by the fault of both of them. Thirdly, it may happen by the...
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A Treatise on the Law of Marine Insurance and Average: With ..., Volym 2

Sir Joseph Arnould - 1850 - 788 sidor
...where there has been a want of due 'diligence and skill on both sides ; in such a case the rule of *804 law is, that the loss must be apportioned between...them, as having been occasioned by the fault of both. " 3dly. It may happen by the misconduct of the suffering party alone ; and then the rule is, that the...
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A manual for shipmasters, letters

James Lees - 1851 - 478 sidor
...both parties are to blame, where there has been a want of due vigilance or of 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, and then the rule is, that the sufferer...
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A Treatise on the Law of Carriers of Goods and Passengers, by Land and by Water

Joseph Kinnicut Angell - 1851 - 836 sidor
...parties are to blame, or where there has been want of due diligence or of skill on boih sides : in such case, the rule of law is, that the loss must be apportioned...having been occasioned by the fault of both of them. Thirdly, it rnay happen by the misconduct of the suffering party only ; and then the rule is, that...
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The U.S. Law Cabinet

Isaac Ridler Butts - 1852 - 596 sidor
...want of due diligence or of skill on both sides. In such case, the rule of law is, that the loss may be apportioned between them, as having been occasioned by the fault of both of them. Thirdly, it may happen by the misconduct of the suffering party, and then the rule is, that the sufferer...
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