 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
 | Québec (Province), Andrew Robertson - Law reports, digests, etc - 1864 - 548 pages
...Court, LC ; Black, JHeld, L That where a collision occurs without blame being imputable to cither party, the misfortune must be borne by the party on whom it happens to light. 2. The practice of the court is, not to give costs on either side where a collision has oceurred from... | |
 | Sir Joseph Arnould - Average (Maritime law) - 1866 - 620 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. — 2. A misfortune of this kind may arise when both parties are to blame, where there has been a want... | |
 | Sir Joseph Arnould - Average (Maritime law) - 1866 - 628 pages
...blame being imputable to either party; as where a loss is occasioned by a storm or by any other via major: in that case the misfortune must be borne by...light; the other not being responsible to him in any degree.—2. A misfortune of this kind may arise when both parties are to blame, where there has been... | |
 | Charles Abbott (Baron Tenterden) - Maritime law - 1867 - 1178 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 by...being responsible to him in any degree. Secondly, where both parties are to blame, there having been want of due diligence or of skill on both sides... | |
 | Robert Griffith Williams, Gainsford Bruce - Admiralty - 1869 - 732 pages
...acknowledge that his vessel WM to benefit of this and the foregoing pro- blame. The Amalia, 52 LJ Ad. case, the misfortune must be borne by the party on...where both parties are to blame ; where there has been a want of due diligence or of skill on both sides. In snch a case, the rule of law is, that the loss... | |
 | William Atkinson Oliver - Maritime law - 1869 - 222 pages
...by a storm, &c, or by inevitable accident which ordinary skill and caution could not have prevented. In that case the misfortune must be borne by the party...other not being responsible to him in any degree. 2nd. It may happen by the misconduct of the suffering party only, and then the rule is, that the sufferer... | |
 | Collisions at sea - 1869 - 262 pages
...imputable to either party, as when the loss is occasioned by a storm or any other vis •major; and 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. " Secondly, a misfortune of this kind may arise where... | |
 | Theophilus Parsons - Admiralty - 1869 - 728 pages
...blame being imputable to either party, as where it is occasioned by a storm, or any other vis major, the misfortune must be borne by the party on whom it happens to light. In this, the civil law, the common law, and the Maritime law of Europe, of England, and of this country,... | |
 | J. Perry Godfrey - Marine insurance - 1870 - 72 pages
...those on whom it happens to light, the other party not being responsible to him in any degree; second, a misfortune of this kind may arise where both parties are to blame, where there has been a want of due diligence and skill on both sides ; and, in such a case, the rule of law is, that the... | |
 | John Erskine - Law - 1870 - 730 pages
...being imputable to either party; as where a loss by collision is occasioned by a storm or any other vis major; in that case the misfortune must be borne by the party on whom it happened to light, the other not being responsible to him in any degree. " 2. A misfortune of this... | |
| |
