 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
 | Sir Joseph Arnould, David Maclachlan - 1887 - 688 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 be apportioned between them, as 1 Patersone. Harris, IB. &S. 336; 30 LJ (QB) 354. 2 Rohl v. Parr, 1 Esp. 444. SL in United States,... | |
 | Cornelius Van Santvoord - 1887 - 180 sidor
...both parties are to blame and where there has been a want of due diligence or skill on both sides, that the loss must be apportioned between them as having been occasioned by the fault of both. (Story on Bailments, Sec. 608 a.) In cases of collision, where a loss is occasioned by the fault of... | |
 | John Jane Smith Wharton, John Mounteney Lely - 1889 - 800 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...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... | |
 | United States. Supreme Court - 1890 - 784 sidor
...says that if a loss occurs through a collision between two vessels, where both parties are to blame, the rule of law is " that the loss must be apportioned...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 Neve, 2 Shaw,... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1890 - 790 sidor
...says that if a loss occurs through a collision between two vessels, where both parties are to blame, the rule of law is " that the loss must be apportioned...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 Neve, 2 Shaw,... | |
 | Thomas Brett - 1891 - 822 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...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... | |
 | Reginald Godfrey Marsden, John William Mansfield - 1891 - 716 sidor
...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 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... | |
 | Reginald Godfrey Marsden, John William Mansfield - 1891 - 744 sidor
...must 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...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... | |
 | Alfred Howell, Canada. Exchequer Court, Canada - 1893 - 406 sidor
...kind may arise where both parties are to blame ; and there has been a want of diligence on both sides. In such a case the rule of law is that the loss must be apportioned between them. 3rd. It may happen by the misconduct of the suffering party alone ; and then the rule is that the sufferer... | |
 | Alfred Howell, Canada. Exchequer Court, Canada - 1893 - 436 sidor
...must be apportioned between them. 3rd. It may happen by the misconduct of the suffering party alone ; and 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... | |
| |
