 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
 | John Jane Smith Wharton - 1883 - 926 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 - 1883 - 780 sidor
...where 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...having been occasioned by the fault of both of them." Woodrop-Sims, 2 Dods. 83. This statement of the law was adopted in the text of Abbott on Shipping,... | |
 | John Hutton Balfour Browne - 1883 - 818 sidor
...parties are to blame, or where there has been want of due diligence or of skill upon both sides ; in such case the rule of law is that the loss must be apportioned...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... | |
 | 1891 - 1200 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 Nevé, 2 Shaw,... | |
 | 1883 - 878 sidor
...Le Nevé (11), Lord Stowell had in The Woodrop (12) 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.... | |
 | John Jane Smith Wharton - 1883 - 908 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 be apportioned between them, as having been occiisioned by the fault of both of them. Thirdly, it may happen by the misconduct of the suffering... | |
 | United States. Department of the Treasury. Bureau of Navigation - 1885 - 796 sidor
...where 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 mnst be apportioned between them, as having been occasioned by the fanlt of both of them." (The Woodrop... | |
 | Morton Pearson Henry - 1885 - 552 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...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... | |
 | 1886 - 660 sidor
...where both parties are to blame, when 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 fault of the suffering party only; and then the rule is that the sufferer... | |
 | United States. Supreme Court - 1886 - 1086 sidor
...where both parties are to blume, 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 be apportioned between them, as haying been occasioned by the fault of both of them." Tlie Woodrop Sinu, 2 Dods.,88. This statement... | |
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