 | Charles Petersdorff - 1825 - 848 strani
...botbiides. In such a case the rule of law is, that the loss must be apportioned between them, as haviug been occasioned by the fault of both of them. Thirdly, it may happen by the misconduct of tlie suffering party only, and then the role is, that the sufferer must bear his own burthen. Lastly,... | |
 | Great Britain. High Court of Admiralty, John Dodson - 1828 - 564 strani
...been a want of due diligence or of skill on both sides : In such a case, the rule of law isj_that^ the loss must be apportioned between them, as having...then the rule is, that the sufferer must bear his own burthen. — Lastly, it may have been the fault of the ship which ran the other down ; and in this... | |
 | Great Britain. Parliament. House of Lords, Patrick Shaw - 1828 - 504 strani
...of Admiralty, that where a misfortune happens from the want of due diligence or skill on both sides, the loss must be apportioned between them, as having been occasioned by the fault of both. VOL. II. 2 c June 15. 18*1. My Lords,— The subsequent case, which is reported by Dr Di>dson, was... | |
 | Joseph Story - 1832 - 460 strani
...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...then the rule is, that the sufferer must bear his own burthen. Lastly, it may have been the fault of the ship, which ran down the other ; and in this case... | |
 | Joseph Chitty - 1834 - 680 strani
...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...then the rule is that the sufferer must bear his own burthen. Lastly, it may have been the fault of the ship which ran the other down, and in this case... | |
 | Sandford Nevile, Sir William Montagu Manning - 1834 - 1022 strani
...Faker, 2 Di lock v. liockt Woodaxird v. PC 386; 1 Taunt. 6. (6) J Dodst TRINITY TERM, VI WILL. IV. of both of them. Thirdly, it may happen by the misconduct...then the rule is, that the sufferer must bear his own burthen. Lastly, it may have been the fault of the ship which ran the other down ; and in this case... | |
 | Joseph Rockwell Swan - 1837 - 614 strani
...has been given, seepage 247. § 8, (E), § 9.] BAILMENT INNKEEPER. 253 case the rule of law is, that the loss must be apportioned between them, as having...then the rule is, that the sufferer must bear his own burthen. Lastly, it may have been the fault of the ship, which ran down the oilier; and in this case... | |
 | Joseph Story - 1840 - 686 strani
...want of due diligence or skill on both sides. In such a case the rule of the maritime law is, that the loss must be apportioned between them, as having been occasioned by the fault of both of them.2 This also seems to be the general rule adopted by modern maritime nations; and it has been inflexibly... | |
 | John Bouvier - 1843 - 752 strani
...to blame, as when there has been a want of due diligence or of skill on both sides ; in such cases, the loss must be apportioned between them, as having been occasioned by the fault of both of them. 6 Whart. R. 311. — 3. The suffering party may have been the cause of the injury, then he must bear... | |
| |
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... 
