 | United States. Supreme Court - Law reports, digests, etc - 1883 - 780 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,...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,... | |
 | John Jane Smith Wharton - Law - 1883 - 908 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 occiisioned by the fault of both of them. Thirdly, it may happen by the misconduct of the suffering... | |
 | 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
...when 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,...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.... | |
 | Cornelius Van Santvoord - Maritime law - 1887 - 180 pages
...both 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... | |
 | John Jane Smith Wharton, John Mounteney Lely - Law - 1889 - 800 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,...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 that case... | |
 | United States. Supreme Court - Law reports, digests, etc - 1890 - 784 pages
...loss occurs 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,...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, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1890 - 790 pages
...loss occurs 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,...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,... | |
 | Thomas Brett - English law - 1891 - 822 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...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... | |
 | New Brunswick. Vice-Admiralty Court, Alfred A. Stockton - Admiralty - 1894 - 792 pages
...when there has been a want of skill and due diligence 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, ordly. It may happen by the misconduct of the suffering party alone ; and then the rule is, that the... | |
| |
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... 
