 | William Atkinson Oliver - Maritime law - 1908 - 424 pages
...by the party on whom it happens to light, the other not being responsible to him in any degree. 2nd. It may happen by the misconduct of the suffering party...and then the rule is, that the sufferer must bear the whole loss himself. 3rd. It may have been the fault of the ship which ran the other down ; and... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1908 - 1166 pages
...blame, when there has been 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." The rule thus laid down by Lord Stowell has been universally followed in the United States: Beeves... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1908 - 1174 pages
...blame, when there has been 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." The rule thus laid down by Lord Stowell has been universally followed in the United States: Reeves... | |
 | Herbert B. Mason - Naval art and science - 1908 - 752 pages
...diligence on both sides. In such a case the rule of law is that the loss must be apportioned between them. Thirdly, 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... | |
 | Sir Joseph Arnould - Average (Maritime law) - 1909 - 970 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 occasioned by the fault of both. " 3rdly. It may happen by the misconduct of the suffering party alone ; and then the rule is that the... | |
 | Henry John Wastell Coulson, Urquhart Atwell Forbes - Riparian rights - 1910 - 868 pages
...on both sides. In • such a case the rule of law is, that the 'loss must be apportioned between 1 them, as having been occasioned by ' the fault of...the rule " is that the sufferer must bear his own " harden. Lastly, it may have been the •' fault of the ship which run the other '• down, and in... | |
 | Albert Saunders - Maritime law - 1910 - 510 pages
...which both parties were liable ". In the case of the Woodrop? the same learned judge said : " The rule is that the loss must be apportioned between them,...having been occasioned by the fault of both of them ". In De Vaux v. Salvador 3 Lord Denman said : " A positive rule of the Court of Admiralty requires... | |
 | United States. Supreme Court - Law reports, digests, etc - 1911 - 1184 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... | |
 | John Henry Wigmore - Torts - 1912 - 1076 pages
...loss occurs through a collision between two vessels, where both parties are to blame, the rule of law & R. 573, 577.) PARKE, B. . . . The term "privileged communication," as it was be the fault of both of them." This rule was approved by the House of Lords, on an appeal from Scotland,... | |
 | Great Britain - 1913 - 376 pages
...or near the same place. "There are four possibilities under which a collision may occur : ********** "Thirdly. It may happen by the misconduct of the suffering...rule is, that the sufferer must bear his own burden. ********** "The third rule here laid down, it seems to me, applies with great force to the case under... | |
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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... 
