 | United States. Supreme Court - Law reports, digests, etc - 1883 - 780 pages
...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 having been occasioned by the fault of both of them." Woodrop-Sima, 2 Dods. 83. This statement of the law was adopted in the text of Abbott on Shipping,... | |
 | United States. Supreme Court - Law reports, digests, etc - 1883 - 676 pages
...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 having been occasioned by the fault of both of them." The Woodrop Sims, 2 Dod. 83. This statement of the law was adopted in the text of Abbott on , Shipping,... | |
 | United States. Department of the Treasury. Bureau of Navigation - Merchant marine - 1885 - 796 pages
...on both sides. In such case the rale of1 law is, that the loss may bo apportioned between them, ae having been occasioned by the fault of both of them. Thirdly, it may happen by the misconduct of the suifrriug party, and then the rule is that the suffeivr must bear his own bnrdcn. Lastly, it may have... | |
 | Canada - 1886 - 660 pages
...between them, as 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 must bear his ' own burden. (a) 2 Bod. 83. Lastly, it may have been tbe fault of the ship which ran the other down ; and... | |
 | Cornelius Van Santvoord - Maritime law - 1887 - 180 pages
...parties are to blame and where there has been a want of due diligence or skill on both sides, that the loss must be apportioned between them as having been occasioned by the fault of both. (Story on Bailments, Sec. 608 a.) In cases of collision, where a loss is occasioned by the fault of... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1890 - 790 pages
...through a collision between two vessels, where both parties are to blame, the rule of law is " that the loss must be apportioned between them, as 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 Neve, 2 Shaw,... | |
 | United States. Supreme Court - Law reports, digests, etc - 1890 - 784 pages
...through a collision between two vessels, where both parties are to blame, the rule of law is " that the loss must be apportioned between them, as 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 Neve, 2 Shaw,... | |
 | Reginald Godfrey Marsden, John William Mansfield - Collisions at sea - 1891 - 744 pages
...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 having...then the rule is that the sufferer must bear his own burden. Lastly, it may have been the fault of the ship which ran the other down ; and in this case... | |
 | Alfred Howell, Canada. Exchequer Court, Canada - Admiralty - 1893 - 436 pages
...must be apportioned between them. 3rd. It may happen by the misconduct of the suffering party alone ; and then the rule is that the sufferer must bear his own burden. Lastly, it may have been the fault of the ship which ran the other down, and in this case the... | |
 | Joseph Kay, John William Mansfield, George William Duncan - Maritime law - 1894 - 1008 pages
...wj"ch t{ie ' , ' Court regiithe loss mast be apportioned between them, as having been lates the right occasioned by the fault of both of them. " Thirdly,...then the rule is, that the sufferer must bear his own burden. "Lastly, it may have been the fault of the ship which ran the other down ; 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 occasioned... 
