| Charles Petersdorff - Law reports, digests, etc - 1825 - 848 pages
...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 suffering party only, and then the role is, that the sufferer must bear his own burthen. Lastly,... | |
| John Dodson - Admiralty - 1828 - 570 pages
...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...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... | |
| Joseph Story - Bailments - 1832 - 460 pages
...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 by the fault of both...then the rule is, that the sufferer must bear his own burthen. Lastly, it may have been the fault of the ship, which ran down the other ; and in this case... | |
| Naval art and science - 1881 - 1086 pages
...and which is cited as an authority in Hay v. Lc Xecc, is, " That the loss must be apportiout between them, as having been occasioned by the fault of both of them." He does not say halved, though possibly in cases, — and they are many, — in which though both are... | |
| Joseph Chitty - Civil procedure - 1834 - 680 pages
...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 by the fault of both...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... | |
| 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...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... | |
| Joseph Rockwell Swan - Constables - 1837 - 614 pages
...(E), § 9.] BAILMENT INNKEEPER. 253 case the rule of law is, that the loss must be apportioned between them, as having been occasioned by the fault of both...then the rule is, that the sufferer must bear his own burthen. Lastly, it may have been the fault of the ship, which ran down the oilier; and in this case... | |
| Great Britain. Court of King's Bench, Sandford Nevile, Sir William Montagu Manning - Law reports, digests, etc - 1839 - 998 pages
...268; Woodward v. Larking, 3 Esp. N. PC 986; Webb v. Brooke, 3 Taunt. 6. TRINITY TERM, VI WILL. IV. of both of them. Thirdly, it may happen by the misconduct of the suffering parti/ only, and then the rule is, that the sufferer must bear his own burthen. Lastly, it may have... | |
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