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Böcker Böcker31 - 40 av 147 om Secondly, a misfortune of this kind may arise where both parties are to blame; where....
" 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 - Sidan 544
1843
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A Selection of Legal Maxims: Classified and Illustrated

1852 - 607 sidor
...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 appany, 8 CB 229 ; ECLR 54. As to liability for fire caused by negligence at common law, see per Tindal,...
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English Admiralty Reports: 1811-1822, Dodson

1853
...where there has been a want of dne diligence or of skill on both sides. In such a case, the rule of /aw is, that the loss must be apportioned between them,...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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The Law Students Magazine

1854
...arise when both parties are to blame, as where there has been a want of due diligence on both sides; in such a case the rule of law is, that the loss must...having been occasioned by the fault of both of them." JFC (Walsall). No. 33.— Lessee of Mortgagor (ante, p. 160). In an answer to this point by WKW, contained...
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A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom - 1854 - 607 sidor
...243; ECLR 89. portioned between them, as having been occasioned by the fault of both of them. 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,...
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Institutes of American law, Volym 2

John Bouvier - 1854
...sides; in such cases the loss must be apportioned No. 2311. Book 3, tit. 2, chap. 1, see. 4. No. 2312. between them, as having been occasioned by the fault of both of them. (a) 3. The suffering party may have been the sole cause of the injury, then he must bear the loss....
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A Treatise of the Law Relative to Merchant Ships and Seamen

Charles Abbott (Baron Tenterden) - 1856 - 544 sidor
...where both parties are to blame, where there has been want of due diligence 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 only ; and then the rule is, that the...
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Dana's Seaman's friend

Richard Henry Dana - 1856
...parties are to blame, where 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...having been occasioned by the fault of both of them. 3dly, It may happen by the fault of the suffering party only ; and then the rule is, that the sufferer...
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Commentaries on the law of bailments: with illustrations from the civil and ...

Joseph Story - 1856 - 653 sidor
...Placidia, Jurist, (English) 1843, p. 380, 381 ; SC 1 TV. Rob. Adm. R. 463. 5 Post, § 610. BAIL. 52 tioned between them, as having been occasioned by the fault of both of them.1 This also seems to be the general rule adopted by modern maritime nations ; and it has been...
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The admiralty jurisdiction: law and practice of the courts of the United ...

Alfred Conkling, United States. Supreme Court, United States. Circuit Court (2nd Circuit), United States. District Court (New York : Northern District) - 1857
...arise, where both parties are to blame, where there has been a want of diligence on both sides ; in such case the rule of law is, that the loss must be apportioned between them. Thirdly, it may happen by the misconduct of the suffering party only ; and then the rule is that the...
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Reports of Cases in Law and Equity, Argued and Determined in the ..., Volym 26

Georgia. Supreme Court - 1859
...same ground. The Mucnn and Western R. R_ Co. vs. Winn. due diligence or ski-! 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 mult of both of them "' J» ff . on Cur., sec. 642. Apportioned would seem to imply, that the part...
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