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Böcker Böcker121 - 128 av 128 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 542
1843
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The Law Times Reports: Containing All the Cases Argued and ..., Volym 47

1883
...Le Nevé Lord Stowell had in the Woodrop (ubi sup.) laid down that when both ships were to blame " the rule of law is that the loss must be apportioned...having been occasioned by the fault of both of them." As the Woodrop was solely to blame he had no occasion to say on what principle it was to be apportioned....
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Reports of Cases Argued and Decided in the Supreme Court of the ..., Band 27

United States. Supreme Court - 1885
...where both parties are to blame, where there has been want of due diligence or of skill on both sides; iV b 2a D x J d x w2 q aB! K e& # hZ # = Ѫ... b 8 < 0 0 P)w (ݺ,z A X +ۃ9i5R bH Q 20% 耷 7 YI 5 L The Woodrop Sims, 2 Dods.,83. This statement of the law was adopted in the text of Abbott on Shipping,...
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United States Supreme Court Reports, Volym 11

United States. Supreme Court - 1911
...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 rale is, that the...
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The Law Times, Volym 74

1883
...'jointly') liable. " Again, in the case of The Woodrop (2 Dod. 83), 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. " This being the rule, the question which arose was, " whether there are in these cases two cross liabilities...
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Annual Report of the Pennsylvania Bar Association, Volym 23

Pennsylvania Bar Association - 1917
...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...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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Sir William Scott, Lord Stowell: Judge of the High Court of Admiralty, 1798-1828

Henry J. Bourguignon - 2004 - 328 sidor
...bear its own loss. Secondly, if the collision resulted from the fault of both ships, Scott stated that 'In such a case, the rule of law is, that the loss...having been occasioned by the fault of both of them.' 176 This is the closest Scott came to endorsing the well-established rusticum judicium of equally divided...
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The Theory and Principles of Tort Law

Thomas A. Street - 1999 - 500 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. 7 Thirdly, it may happen by the misconduct of the suffering party only; and then the rule is that the...
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Cases and Materials on Marine Insurance Law

Susan Hodges - 1999 - 1024 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...
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