 | Charles Petersdorff - Law reports, digests, etc - 1825 - 848 pages
...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,... | |
 | John Dodson - Admiralty - 1828 - 570 pages
...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,...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... | |
 | Great Britain. High Court of Admiralty, John Dodson - Admiralty - 1828 - 564 pages
...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 - Law reports, digests, etc - 1828 - 504 pages
...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 - Bailments - 1832 - 460 pages
...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,...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 - Civil procedure - 1834 - 680 pages
...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,...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 - Law reports, digests, etc - 1834 - 1022 pages
...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 - Constables - 1837 - 614 pages
...notice 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,...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... | |
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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... 
