 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), William Prescott Sharp, Québec (Province). Courts - Civil law - 1889 - 796 pages
...Marine Accidents : — 61. 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. The practice of the Court is not to give costs on either side where a collision has occurred... | |
 | Québec (Province), William Prescott Sharp, Québec (Province). Courts - Civil law - 1889 - 804 pages
...Marine Accidents :—61. Where a collision occurs without blame being imputable to either party, tVie misfortune must be borne by the party on whom it happens to alight. The practice of the Court is not to give costs on either side where a collision has occurred... | |
 | Thomas Brett - English law - 1891 - 822 pages
...blame being imputable to either party, as where the lose 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. Secondly, a misfortune of this kind may arise when both parties are to blame ; where there has been... | |
 | Alfred Howell, Canada. Exchequer Court, Canada - Admiralty - 1893 - 406 pages
...without blame being imputed to either party ; as where a loss is occasioned by a storm or other vis major. In that case the misfortune must be borne by...other not being responsible to him in any degree. 2nd. A misfortune of this kind may arise where both parties are to blame ; and there has been a want... | |
 | New Brunswick. Vice-Admiralty Court, Alfred A. Stockton - Admiralty - 1894 - 792 pages
...without blame being imputed to either party, as when a loss is occasioned by a storm, or by any other rw major; in that case the misfortune must be borne by...other not being responsible to him in any degree. 2ndly. A misfortune of this kind may arise when both parties are to blame — when there has been a... | |
 | Joseph Kay, John William Mansfield, George William Duncan - Maritime law - 1894 - 1008 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...light, the other not being responsible to him in any degree."(y) " An inevitable accident, in view of the law, is that state of circumstances which could... | |
 | Eugene Leggett - Charter-parties - 1894 - 790 pages
...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,...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... | |
 | Eugene Leggett - Charter-parties - 1894 - 778 pages
...imputable to either party, as where the loss is occasioned by a storm, or any other vis major a*nd 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... | |
 | Robert Campbell - Annotations and citations (Law) - 1898 - 872 pages
...as where the loss is occasionecl by a storm, or any other vis major. In that case, the niisfortiine must be borne by the party on whom it happens to light;...misfortune of this kind may arise where both parties are to blarne; where there has been a want of due diligence or of skill on both sides. In such a case the... | |
 | Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead - Law reports, digests, etc - 1900 - 930 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... | |
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