 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
 | William Atkinson Oliver - 1908 - 424 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. 3rd. It may have been the fault of the ship which ran the other down ; and... | |
 | Herbert B. Mason - 1908 - 752 sidor
...may arise where both parties are to blame ; where there has been want of due diligence on both sides. In such a 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 alone ; and then the rule is that the... | |
 | Herbert B. Mason - 1908 - 774 sidor
...be apportioned between 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 burden. Lastly, it may have been the fault of the ship which ran the other down, and in this case the... | |
 | Joseph Arnould (Sir) - 1909 - 970 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. " 3rdly. It may happen by the misconduct of the suffering party alone ; and then the rule is that the... | |
 | Sir Joseph Arnould - 1909 - 970 sidor
...occasioned by the fault of both. " 3rdly. 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... | |
 | Albert Saunders - 1910 - 510 sidor
...which both parties were liable ". In the case of the Woodrop? the same learned judge said : " The rule is that the loss must be apportioned between them,...having been occasioned by the fault of both of them ". In De Vaux v. Salvador 3 Lord Denman said : " A positive rule of the Court of Admiralty requires... | |
 | Henry John Wastell Coulson, Urquhart Atwell Forbes - 1910 - 868 sidor
...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 between 1 them, as having been occasioned by ' the fault of both of them. Thirdly, it ' may happen by the misconduct... | |
 | United States. Supreme Court - 1911 - 1184 sidor
...in any degree. Second. 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. Third. It may happen by the misconduct of the suffering party only, and then the rule is, that the... | |
 | John Henry Wigmore - 1912 - 1076 sidor
...says that if a loss occurs through a collision between two vessels, where both parties are to blame, (1835. 2 Cr. M. & R. 573, 577.) PARKE, B. . . . The term "privileged communication," as it was be the fault of both of them." This rule was approved by the House of Lords, on an appeal from Scotland,... | |
 | 1913 - 376 sidor
...same place. "There are four possibilities under which a collision may occur : ********** "Thirdly. It may happen by the misconduct of the suffering party...then the rule is, that the sufferer must bear his own burden. ********** "The third rule here laid down, it seems to me, applies with great force to the... | |
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