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 occasioned... A manual for shipmasters, letters - Page 206by James Lees - 1851Full view - About this book
| Charles Petersdorff - Law reports, digests, etc - 1825 - 848 pages
...where both parties are to blame, where there has been a want of skill or of due diligence on botbiides. In such a case the rule of law is, that the loss must be apportioned between them, as haviug been occasioned by the fault of both of them. Thirdly, it may happen by the misconduct of tlie... | |
| John Dodson - Admiralty - 1828 - 570 pages
...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...may happen by the misconduct of the suffering party only ; and then the rule is, that the sufferer must bear his own burthen. Lastly, it may have been... | |
| Great Britain. Parliament. House of Lords, Patrick Shaw - Law reports, digests, etc - 1828 - 504 pages
...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 be' tween them, as having been occasioned by the fault of both of them. ' Thirdly,' he says, ' It may... | |
| Great Britain. High Court of Admiralty, John Dodson - Admiralty - 1828 - 564 pages
...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 isj_that^ the loss must be apportioned between them, as having been occasioned by the fault of both... | |
| Joseph Story - Bailments - 1832 - 460 pages
...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...may happen by the misconduct of the suffering party only ; and then the rule is, that the sufferer must bear his own burthen. Lastly, it may have been... | |
| Joseph Chitty - Civil procedure - 1834 - 680 pages
...of this kind may arise where bulk parties arc to blame, where there has been a want of due diligence or of skill on both sides, in such a case the rule...may happen by the misconduct of the suffering party only ; and then the rule is that the sufferer must bear his own burthen. Lastly, it may have been the... | |
| Sandford Nevile, Sir William Montagu Manning - Law reports, digests, etc - 1834 - 1022 pages
...Faker, 2 Di lock v. liockt Woodaxird v. PC 386; 1 Taunt. 6. (6) J Dodst TRINITY TERM, VI WILL. IV. of both of them. Thirdly, it may happen by the misconduct of the suffering party only, and then the rule is, that the sufferer must bear his own burthen. Lastly, it may have been the... | |
| Joseph Rockwell Swan - Constables - 1837 - 614 pages
...loss of baggage when notice has been given, seepage 247. § 8, (E), § 9.] BAILMENT INNKEEPER. 253 case the rule of law is, that the loss must be apportioned...may happen by the misconduct of the suffering party only: and then the rule is, that the sufferer must bear his own burthen. Lastly, it may have been the... | |
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