 | Joseph Kinnicut Angell - Business & Economics - 1851 - 836 pages
...where there has been want of due diligence or of skill on boih sides : in such case, the rule of law is, that the loss must be apportioned between them,...occasioned by the fault of both of them. Thirdly, it rnay happen by the misconduct of the suffering party only ; and then the rule is, that the sufferer... | |
 | Herbert Broom - Legal maxims - 1852 - 616 pages
...Johns. R. (US) 421. 1 Parnaby v. Lancaster Canal Company, 11 Ad. & E. 223, 243 ; ECLR 39. portioned between them, as having been occasioned by the fault...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,... | |
 | Isaac Ridler Butts - 1852 - 596 pages
...want of due diligence or of skill on both sides. In such case, the rule of law is, that the loss may be apportioned between them, as having been occasioned...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 fault... | |
 | Law - 1854 - 372 pages
...blame, as where there has been a want of due diligence on 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." JFC (Walsall). No. 33.— Lessee of Mortgagor (ante, p. 160). In an answer to this point by WKW, contained... | |
 | John Bouvier - Law - 1854 - 692 pages
...sides; in such cases the loss must be apportioned No. 2311. Book 3, tit. 2, chap. 1, see. 4. No. 2312. between them, as having been occasioned by the fault of both of them. (a) 3. The suffering party may have been the sole cause of the injury, then he must bear the loss.... | |
 | Isaac Edwards - Bailments - 1855 - 708 pages
...blame ; where there has been a want of due diligence 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... | |
 | Charles Abbott (Baron Tenterden) - Maritime law - 1856 - 996 pages
...where 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,...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... | |
 | Richard Henry Dana - 1856 - 460 pages
...where 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,...having been occasioned by the fault of both of them. 3dly, It may happen by the fault of the suffering party only ; and then the rule is, that the sufferer... | |
 | Joseph Story - Bailments - 1856 - 728 pages
...Placidia, Jurist, (English) 1843, p. 380, 381 ; SC 1 TV. Rob. Adm. R. 463. 5 Post, § 610. BAIL. 52 tioned between them, as having been occasioned by the fault of both of them.1 This also seems to be the general rule adopted by modern maritime nations ; and it has been... | |
 | Alfred Conkling - Admiralty - 1857 - 502 pages
...diligence on both sides ; in such case the rule of law is, that the loss must be apportioned between them. Thirdly, it may happen by the misconduct of...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... | |
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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... 
