 In the first place, it may happen without blame being imputable to either party ; as where the loss is occasioned by a storm, or any other vis major : In that case, the misfortune must be borne by the party on whom it happens to light ; the other not...  Dana's Seaman's friend. Brown - Page 187by Richard Henry Dana - 1863Full view - About this book
 | Charles Petersdorff - Law reports, digests, etc - 1825
...blame being imputablc to either party, as where the loss U occasioned by a storm, or any other vit major. In that case the misfortune must be borne by...any degree. Secondly, a misfortune of this kind may arae where both parties are to blame, where there has been a want of skill or of due diligence on botbiides.... | |
 | John Dodson - Admiralty - 1828
...blame being imputable to either party ; as where the loss is occasioned by a storm, or any other vis major : In that case, the misfortune must be borne...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... | |
 | Great Britain. High Court of Admiralty, John Dodson - Admiralty - 1828
...occasioned bya storm, or any other vis major : In that case, the misfortune must be borne by thejparty, on whom it happens to light ; the other not being...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... | |
 | Great Britain. Parliament. House of Lords, Patrick Shaw - Law reports, digests, etc - 1828
...as where the loss is ' occasioned by a storm, or any other vis major. In that case the mis' fortune must be borne by the party on whom it happens to light,...being responsible to him in any degree. Secondly, A mis' fortune of this kind may arise where both parties are to blame, where ' there has been a want... | |
 | Charles Petersdorff - Law - 1829
.../by the party on whom it happens to li"ht. the other not being responsible to him in any The hirer degree. Secondly, a misfortune of this kind may arise where both parties are to blame, of a car where there has been a want of -ikul or of due diligence on both sides. In such a case the... | |
 | Joseph Story - Bailments - 1832 - 411 pages
...Laurie, 5 B. & Cres. 156. loss is occasioned by a storm or any other vis major. In that case the loss must be borne by the party, on whom it happens to...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... | |
 | Joseph Chitty - Civil procedure - 1834
...happen without blame being imputable to either party ; as where the loss is occasioned by any other vis major, in that case the misfortune must be borne by...Secondly, a misfortune 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,... | |
 | Joseph Rockwell Swan - Constables - 1837 - 582 pages
...blame being imputed to either party; as where the loss is occasioned by a storm. In that case the loss must be borne by the party, on whom it happens to...where both parties are to blame; where there has been a want of due diligence or of skill on both sides. In such a (•) 9 Wend. 85 1 Wh«. Selwyn 301, n.... | |
 | Joseph Story - Bailments - 1840 - 621 pages
...any [*382] other irresistible force, constituting a case of the vis major. In such a case, the loss must be borne by the party, on whom it happens to...light ; the other not being responsible to him in any degree.4 This (as we shall see) was also the Roman law.5 But among modern maritime nations there is... | |
 | United States. Supreme Court - Law reports, digests, etc - 1843
...blame being imputable to either party ; as when the loss is occasioned by a storm, or any other vis major. In that case the misfortune must be borne by...being responsible to him in any degree. Secondly. When there has been a want of due diligence or skill on both sides, in such case the rule of law is,... | |
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