 | Georgia. Supreme Court - Equity - 1859 - 740 pages
...and Western R. R_ Co. vs. Winn. due diligence or ski-! 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 mult of both of them "' J» ff . on Cur., sec. 642. Apportioned would seem to imply, that the part... | |
 | David Maclachlan - Maritime law - 1860 - 1046 pages
...Dover, Dawson, 2 Hagg. Ad. 145, 154. due diligence on both sides ; in such a case, the rule of law {i% Β v id AQ 6 ~ s Hy d ѕ A S ֜B K #) 7o۶y # U ܂ R- /H2 6 ~ v u >d " 3rdly. It may happen by the misconduct of the suffering party alone ; and then the rule is, that... | |
 | United States. Court of Claims - Law reports, digests, etc - 1862 - 964 pages
...Second. 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. Third. It may happen by the misconduct of the suffering party only, and then the rule is, that the... | |
 | Leone Levi - Commercial law - 1863 - 664 pages
...both parties are to blame, where there has been a want of due diligence or of skill on both sides, the loss must be apportioned between them, as having been occasioned by the fault of both of them. And if it happen by the misconduct of the suffering party only, then the rule is that the sufferer... | |
 | Richard Henry Dana - 1863 - 310 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 as having been oceasioned by the fault of both of them. Thirdly, it may happen by the misconduct of the suffering... | |
 | John Guthrie Smith - Damages - 1864 - 590 pages
...§ 19. 402. (6) §§ 211. 212. due diligence or skill on both sides. In such a case tk rule of law is, that the loss must be apportioned between them,...' Thirdly, it may happen by the misconduct of the suiting party only ; and then the rule is, that the suffering pa.i; must bear his own burden. ' Lastly,... | |
 | Sir Joseph Arnould - Average (Maritime law) - 1866 - 628 pages
...occasioned by the fault of both.—3. It may happen by the misconduct of the suffering party alone ; and then the rule is, that the sufferer must bear his own burden.—4. It may have been the fault of the ship which ran the other down ; and in this case the... | |
 | Sir Joseph Arnould - Average (Maritime law) - 1866 - 620 pages
...where there has been a want of due 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 1 Rohl r. Parr, 1 Esp. 444. 5. L. ' Hazard v. New England Ins. Co., in United States, Martin v. Salem... | |
 | Charles Abbott (Baron Tenterden) - Maritime law - 1867 - 1178 pages
...there having been want of due diligence or of skill on both sides ; in sucTFa case, the rule of law is, that the loss must be apportioned between them,...having been occasioned by the fault of both of them. Tlurdly,, by_the, misconduct of the suffering party only ; and then the rule is, that the sufferer... | |
 | Robert Griffith Williams, Gainsford Bruce - Admiralty - 1869 - 732 pages
...where there has been a want of due diligence or of skill on both sides. In snch 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... | |
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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... 
