 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
 | Henry Cadogan Rothery - Collisions at sea - 1873 - 40 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 ca&e the rule of law is, that the loss... | |
 | Alexander Charles Boyd - Maritime law - 1876 - 704 pages
...as where the loss is occasioned by a storm or any other vi-s major. In that case the misfortune mnst be borne by the party on whom it happens to light...where both parties are to blame ; where there has been a want of due diligence or skill on both sides. In such a case the rule of law is that the loss must... | |
 | Law - 1877 - 558 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 the party on whom it happens to fall, the rule being that the party not injured is not responsible to the losing 'party in any degree.... | |
 | Isaac Edwards - Bailments - 1878 - 738 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 on both sides; in such a casej the rule of law is, that the loss must bu apportioned... | |
 | Charles Henry Stephens - Law reports, digests, etc - 1878 - 1052 pages
...14, VAC 1859. 55. And in another case where no blame was attributable to either party — Held, that the misfortune must be borne by the party on whom it happens to light, and the practice of the court i» in such cases not to award costs on either side. The Marmerile in... | |
 | William Wait - Actions and defenses - 1878 - 1026 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... | |
 | Henry John Wastell Coulson, Urquhart Atwell Forbes - Canals - 1880 - 788 pages
...blame being im' putoble to either party; as where ' the loss is occasioned byastorm or ' any other r is major. In that case ' the misfortune must be borne...on whom it happens to " light; the other not being re" sponsible to him in any degree. " Secondly, a misfortune of this " kind may arise where both parties... | |
 | Eugene Leggett - Bills of lading - 1880 - 520 pages
...imputable to either party, as where 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... | |
 | United States. Supreme Court - Law reports, digests, etc - 1883 - 1240 pages
...when the loss is occasioned by n storm, or any other tin mtynr. In that case the misfortune must IM; borne by the party on whom it happens to light, the...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... | |
 | John Jane Smith Wharton - Law - 1883 - 926 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...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... | |
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