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Böcker Böcker51 - 60 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 Practical Manual of Shipping Law

William Atkinson Oliver - 1869 - 200 sidor
...by the party on whom it happens to light, the other not being responsible to him in any degree. 2nd. It may happen by the misconduct of the suffering party...and then the rule is, that the sufferer must bear the whole loss himself. yd. It may have been the fault of the ship which ran the other down ; and in...
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The Rule of the Road at Sea and in Inland Waters, Or, Steering and Sailing ...

1869 - 227 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 be apportioned among them, as having been occasioned by the fault of both. "Thirdly, it may happen by the misconduct...
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Principles of the Law of Scotland

John Erskine - 1870 - 683 sidor
...when 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 must...them as having been occasioned by the fault of both. "3. It may happen by the misconduct of the suffering party alone; and then the rule is that the sufferer...
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Shipowners' shippers' and general guide to marine insurance

1870
...both parties are to blame, where there has been a want of due diligence and skill on both sides ; and, in such a case, the rule of law 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...
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A Defense of the Rule of the Admiralty Court in Cases of Collision Between ...

Henry Cadogan Rothery - 1873 - 32 sidor
...are to blame, where there has been a want of due diligence or of skill on both sides; in such a ca&e the rule of law is, that the loss must be apportioned...having been occasioned by the fault of both of them." This then is the law of the Admiralty Court in this country, as laid down by Lord Stowell, and as affirmed...
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A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom - 1874 - 993 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...as having been occasioned by the fault of both of *thern. Thirdly, r*9arn it may happen by the misconduct of the suffering party only, and then the rule...
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The Merchant Shipping Laws: Being a Consolidation of All the Merchant ...

Alexander Charles Boyd - 1876 - 642 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...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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A Treatise on the Law of Merchant Shipping

David Maclachlan - 1876 - 962 sidor
...occasioned by the fault of both. " Srdly. It may happen by the misconduct of the suffering party alone ; and then the rule is, that the sufferer must bear his own burthen. • " 4thly. It may have been the fault of the ship, which ran the other down ; and in this case, the...
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United States Reports, Supreme Court: Cases Argued ..., Volym 3; Volym 93

United States. Supreme Court - 1877
...law is, that the loos must be apportioned between them, as having been occasioned by 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, he remarks, that it may happen from the fault of the ship which ran the other down...
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The Law Times, Volym 62

1877
...want of due diligence or of skill on both •idee ; and he adds that in such a case the rule of Jaw is that the loss must be apportioned between them as having been occasioned by both. Thirdly, it may happen by the misconduct of the suffering party only, and then the rule ia that...
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