 | Law reports, digests, etc - 1873 - 962 pages
...James, Sir Barnes Peacock, Lord Justice Mellish, and Sir Montague E. Smith. below has laid down that " an apprehension of capture founded on circumstances...master of ordinary courage, judgment and experience, would justify delay;" and their Lordships are of opinion that that is a correct statement of the law... | |
 | Law - 1874 - 436 pages
...the voyage. Simpson v. Blues, L. I; ., 7 CP 290, disapproved of. Cargo ex "Argos," LR, 5 CP 134. 2. An apprehension of capture founded on circumstances...courage, judgment and experience, will justify delay in the prosecution of a voyage ; and a ship is not answerable in a suit under section 6 of the Admiralty... | |
 | James Perronet Aspinall, James. A. Petrie - Law reports, digests, etc - 1873 - 654 pages
...between the law of England and Germany. According to both an apprehension of capture, founded upon circumstances calculated to affect the mind of a master of ordinary courage, judgment, and experience, wo-ild justify delay. The San Roman sailed to For Ludlow, there loaded a cargo of spars, and proceeded... | |
 | Law - 1873 - 680 pages
...was justifiable. According to both English and German law, an apprehension ot capture, founded upon circumstances calculated to affect the mind of a master of ordinary courage, judgment, and experience, would justify delay.—The San Roman, 41 LJ, Adm. 72. CONFLICT OF LAWS.—Damage to cargo—German... | |
 | Law - 1874 - 682 pages
...by delay caused by an apprehension by the master of perils arising by reason of war, — Held, that an apprehension of capture, founded on circumstances calculated to affect the mind of a master of '. — Anderson v. .46. ADMINISTRATION OF ESTATE. — Council. — Lex loci rei site. — Real estate... | |
 | Nathaniel Cleveland Moak - Law reports, digests, etc - 1875 - 1038 pages
...what they allege to be an unreasonable delay. The learned judge in the court below has laid down that "an apprehension of capture founded on circumstances...master of ordinary courage, judgment, and experience, would justify delay, and their lordsliips are of opinion that that is a correct statement of the law... | |
 | David Maclachlan - Maritime law - 1876 - 1114 pages
...arise in the ways 102. before-mentioned with respect to ships the country to which the ship belongs, an apprehension of capture founded on circumstances...master of ordinary courage, judgment, and experience, would justify delay in prosecuting the voyage.1 The exception of "fire" is important in relation to... | |
 | Nathaniel Cleveland Moak - Law reports, digests, etc - 1877 - 1000 pages
...between the law of England and Germany. According to both, an apprehension of capture, founded upon circumstances calculated to affect the mind of a master of ordinary courage, judgment, and experience, would justify delay. I must not omit to notice one argument addressed to me upon the hppothesis that... | |
 | Edward Stanley Roscoe - Admiralty - 1878 - 592 pages
...Roman, 3 LR Ad. 583 ; 42 LJ Ad. 46 ; 6 LRP C. 301. Definition of sufficient cause to justify delay, "apprehension of capture founded on circumstances...master of ordinary courage, judgment, and experience": Tht San Roman, * The Nortcay, Br. & L. 220 ; 10 LTNS 40. 3 The Chasca, 4 L. R 446; 44 LJ Ad. 17. *... | |
 | James Kent - Law - 1878 - 588 pages
...Express and the Snn Roman, in which latter case it was also laid down that an apprehension of capture calculated to affect the mind of a master of ordinary courage, judgment and experience, would justify delay. The next case for notice is that of the Patria. There a German master of a German... | |
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The learned judge in the court below has laid down that "an apprehension of capture founded on circumstances calculated to affect the mind of a master of ordinary courage, judgment, and experience, would justify delay," and their Lordships are of opinion... 
