 | 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,... | |
 | 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 - 1840 - 686 pages
...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... | |
 | Commerce - 1843 - 610 pages
...has been a want of due diligence or of fekill on both sides. In such a case, the rule of law is, that the loss must be apportioned between them, as having been occasioned by the fault of both of them. Third. It may happen by the misconduct of the suffering party only, and then the rule is, that the... | |
 | 1843 - 610 pages
...lias been a want of due diligence or of ¿kill on both «des. In such a case, the rule of law is, that the loss must be apportioned between them, as having been occasioned by the fault of both of them. Third. It may happen by the misconduct of the suffering party only, and then the rule is, that the... | |
 | Freeman Hunt - Commerce - 1843 - 620 pages
...has been a want of due diligence or of ikill on both sides. In such a case, the rule of law is, that the loss must be apportioned between them, as having been occasioned by the fault of both of them. Third. It may happen by the misconduct of the suffering party only, and then the rule is, that the... | |
 | John Bouvier - Anglo-Norman dialect - 1843 - 752 pages
...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... | |
 | United States. Supreme Court - Courts - 1843 - 460 pages
...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 between them, as having been occasioned by the fault of both. Thirdly. It may happen by the misconduct of the suffering party only, and then the rule is, that the... | |
 | Commerce - 1843 - 602 pages
...loss must be apportioned between them, as having been occasioned by the fault of both of them. Third. It may happen by the misconduct of the suffering party only, and thon the rule is, that the sufferer must bear his own burthen. Fourth. It may have been the fault of... | |
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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 occasioned... 
