 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
 | Admiralty - 1853 - 702 pages
...blame being impotable 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 dne diligence or of skill on both sides. In such a case, the rule of /aw is, that the loss... | |
 | Herbert Broom - Legal maxims - 1854 - 622 pages
...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... | |
 | John Bouvier - Law - 1854 - 692 pages
...being responsible to him in any degree. 2. Both parties may be to blame, as, when there has been a want of due diligence or of skill on both sides; in such cases the loss must be apportioned No. 2311. Book 3, tit. 2, chap. 1, see. 4. No. 2312. between them,... | |
 | Richard Henry Dana - 1856 - 460 pages
...to either party, as where the loss is occasioned by a storm or any other vis major (tempest, &c.) ; in that case, the misfortune must be borne by the party on whom it happens to light, — the other party not being responsible to him in any degree. 2dly, A misfortune of this kind may arise, where... | |
 | Alfred Conkling - Admiralty - 1857 - 502 pages
...either party, as where the loss is occasioned by a storm or other vis major. In that case the loss must be borne by the party on whom it happens to light...where both parties are to blame, where there has been a want of diligence on both sides ; in such case the rule of law is, that the loss must be apportioned... | |
 | Law reports, digests, etc - 1860 - 572 pages
...Costs. 2 Held :—lo. That where a collision occurs without blame being imputable to either party, the misfortune must be borne by the party on whom it happens to alight. 2o. The practice of the Court is not to give costs on either side •where a collision has... | |
 | United States. Court of Claims - Law reports, digests, etc - 1862 - 964 pages
...without blame being imputablo 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...other not being responsible to him in any degree. Second. When there has been a want of due diligence or skill on both sides; in such case the rule of... | |
 | David Maclachlan - Maritime law - 1860 - 1046 pages
...blame being imputable to either party ; as where a loss is occasioned by a storm, or by any other vis major; in that case, the misfortune must be 'borne...other not being responsible to him in any degree. " Sndly. A misfortune of this kind may arise when both parties are to blame, where there has been a... | |
 | Leone Levi - Commercial law - 1863 - 664 pages
...blame being imputable to either party. Where the loss is occasioned by a storm, or any other vis major, the misfortune must be borne by the party on whom...other not being responsible to him in any degree. Where both parties are to blame, where there has been a want of due diligence or of skill on both sides,... | |
 | John Guthrie Smith - Damages - 1864 - 590 pages
...without blame being imputed 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...both parties are to blame — where there has been a want of (a) § 209 ; 25 and 26 Viet., (c) Couch v. Steel, 3 E. and B. c. 68, § 19. 402. (6) §§... | |
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