 | Law - 1877 - 780 pages
...at least a eontributary cause of the disaster. In saeh a case the burden rests upon the ship to show not merely that her fault might not have been one...probably was not, but that it could not have been. Such a rule is necessary to enforce obedience to the mandate of the statute." The Pensylvania, 19 Wallace,... | |
 | Law reports, digests, etc - 1919 - 2026 pages
...presumption that the fault, if not the sole cause, was at least a contributory cause of the disaster. In such a case the burden rests upon the ship of showing,...probably was not, but that it could not have been. Such a rule is necessary to enforce obedience to the mandate of the statute. In tho case of The Fenham,... | |
 | Law reports, digests, etc - 1887 - 1910 pages
...presumption that the fault, if not the sole cause, was at least a contributory cause of the disaster. In su'ch a case the burden rests upon the ship of...probably was not, but that it could not have been. Such a rule is necessary to enforce obedience to the mandate of the statute." In The Ottawa, 3 Wall.... | |
 | Law reports, digests, etc - 1897 - 2078 pages
...regulations, not merely that such disregard might not have been one of the causes of the collision, or even that it probably was not, but that "it could not have been." This was apparently restated in Beiden v. Chase, at pago 699, 150 US, and page 272, 14 Sup. Ct., in... | |
 | Jan Helenus Ferguson - International law - 1884 - 558 pages
...America, as to the effect of an infringement of the regulations, is identical with that of Great Britain. "Where a ship, at the time of collision. is in actual...probably was not, but that it could not have been." * §118. The International Code of Signals is /«« likewise to be regarded as forming part of International... | |
 | United States. Supreme Court - Law reports, digests, etc - 1885 - 914 pages
...presumption that the fault, if not the sole cause, was at least a contributory cause of the disaster. In such a case the burden rests upon the ship of showing...probably was not, but that it could not have been. Such a rule is necessary to enforce obedience to the mandate of the statute. In the case of 11 The... | |
 | Reginald Godfrey Marsden, John William Mansfield - Collisions at sea - 1891 - 716 pages
...passage, which occurs in the judgment of the Court, shows that the law in America as to the effect of an infringement of the Regulations is identical...was in this country held free from fault : see The Pennsylvania, 3 Mar. Law Cas. 0. S. 177. («) Canada, 13 Viet. c. 29 ; see The Clara Killam, 2 Quebec... | |
 | Reginald Godfrey Marsden, John William Mansfield - Collisions at sea - 1891 - 744 pages
...actual violation of a statutory rule intended to prevent collisions, it is no more than a rea^mable presumption that the fault, if not the sole cause,...was in this country held free from fault : see The Painsyleania, 3 Mar. Law Cas. OS 477. («) Canada, 43 Viet. c. 29 ; see The Clara Killam, 2 Quebec... | |
 | United States. Supreme Court - Law reports, digests, etc - 1894 - 756 pages
...regulation deemed essential to good seamanship. In The Pennsylvania, 19 Wall. 125, 136, it was said that " in such a case the burden rests upon the ship of showing...probably was not, but that it could not have been." In this case a barque was condemned for ringing a bell as a fog signal while under way, although in... | |
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But when, as in this case, a ship at the time of a collision is in actual violation of a statutory rule intended to prevent collisions, it is no more than a reasonable presumption that the fault, if not the sole cause, was at least a contributory cause... 
