 | Charles Abbott (Baron Tenterden) - Maritime law - 1846 - 1088 pages
...Kent, (Oth ed.) 231. >. CHAP. lJ OF COLLISION. 303 •both sides ; in such a case, the rule of law is, that the loss must be apportioned between them,...having been occasioned by the fault of both of them. (1) Thirdly, it may happen by the misconduct of the suffering party only ; and then the rule is, that... | |
 | Edwin Edwards - Admiralty - 1847 - 324 pages
...where there has been a want of due diligence or 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."f damaged, and alleged to be consequential to the collision ; but the Court appears to have refused... | |
 | Freeman Hunt, Thomas Prentice Kettell, William Buck Dana - Commerce - 1848 - 726 pages
...Secondly, 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 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... | |
 | 1848 - 700 pages
...Secondly, 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 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 - 1848 - 706 pages
...Secondly, 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 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... | |
 | Sir Joseph Arnould - Average (Maritime law) - 1848 - 780 pages
...occasioned by the fault of both. " 3dly. It may happen by the misconduct of the suffering • party alone ; and then the rule is, that the sufferer must bear his own burden. "~4thly. It may have been the fault of the ship which ran the other down ; and in this case the injured... | |
 | Joseph Kinnicut Angell - Carriers - 1849 - 808 pages
...where there has been want of due diligence or of skill on both sides ; in such 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. Fourthly, it may have been the fault of the ship which ran the other down, and in this case... | |
 | Sir Joseph Arnould - Average - 1849 - 782 pages
...underwriter in these different cases. diligence and 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. " 3dly. It may happen by the misconduct of the suffering party alone ; and then the rule is, that the... | |
 | Robert MacFarlane - Pleading - 1849 - 678 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, as having been occasioned by tke fault of both. Thirdly, It may happen by the misconduct of the suffering party only; and then the... | |
 | James Lees - 1851 - 478 pages
...where there has been a want of due vigilance or of skill on both sides. In such a case, the rule of law is, that the loss must be apportioned between them,...may happen by the misconduct of the suffering party, and then the rule is, that the sufferer must bear his own burden. Lastly, it may have been the sole... | |
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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... 
