 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 - 1869 - 222 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... | |
 | 1869 - 262 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... | |
 | John Erskine - 1870 - 730 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... | |
 | J. Perry Godfrey - 1870 - 72 sidor
...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... | |
 | Henry Cadogan Rothery - 1873 - 40 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... | |
 | Herbert Broom - 1874 - 880 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... | |
 | Alexander Charles Boyd - 1876 - 704 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... | |
 | David Maclachlan - 1876 - 1114 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... | |
 | United States. Supreme Court - 1877 - 748 sidor
...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... | |
 | 1877 - 558 sidor
...it appears that there has been a want of due diligence or of skill on both sides ; and he adds that in such a case the rule of law is that the loss must...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 is that... | |
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