 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
 | Great Britain. Courts - 1916 - 674 sidor
...they (the two parties) were jointly (not justly) liable"; and in The Woodroop Sime (2 Dods, 85), " the loss must be apportioned between them as having been occasioned by the fault of both of them." Mr. Marsden says that "The principle of the rule is said to be equality in participation in a loss... | |
 | 1883 - 798 sidor
...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.... | |
 | 1912 - 594 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... | |
 | United States. Supreme Court - 1885 - 1150 sidor
...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,... | |
 | United States. Supreme Court - 1911 - 1180 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 rale is, that the... | |
 | 1883 - 500 sidor
...'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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