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" 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 187
by Richard Henry Dana - 1863
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XX Century Cyclopaedia and Atlas: Biography, History, Art, Science ..., Volume 2

1901 - 530 pages
...without blame being imputable to either party, aa where the loss is occasioned by a storm, in which case the misfortune must be borne by the party on whom it happens to light. Or a collision may arise where both parties are to blame — where there has been a want of due diligence...
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The Law Relating to Waters, Sea, Tidal, and Inland: Including Rights and ...

Henry John Wastell Coulson, Urquhart Atwell Forbes - Collisions at sea - 1902 - 776 pages
...being imputable to cither party; as " where the loss is occasioned by a " storm or any other ris majnr. In that " case the misfortune must be borne by "the...both parties are to blame; " where there has been a want of due " diligence or skill on both sides. In '• siwh a case the rale of law is. that the...
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The Law Relating to Waters, Sea, Tidal, and Inland: Including Rights and ...

Henry John Wastell Coulson, Urquhart Atwell Forbes - Collisions at sea - 1902 - 782 pages
...imputable to either party; as ' where the loss is occasioned by a ' storm or any other vis major. hi that ' case the misfortune must be borne by • the...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 " Joss...
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A Treatise on the Jurisdiction and Practice of the English Courts in ...

Robert Griffith Williams, Gainsford Bruce, Charles Fuhr Jemmett - Admiralty - 1902 - 852 pages
...the loss is occasioned by a storm, or any other ris major : in that case the misfortune must be borue by the party on whom it happens to light ; the other...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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Hints on the Legal Duties of Shipmasters

Benedict William Ginsburg - Maritime law - 1903 - 290 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 by...other not being responsible to him in any degree." This, of course, would cover a case where the defence of inevitable accident was set up and sustained....
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Fifteen Decisive Battles of the Law: Being a Study of Some Leading Cases in ...

Ernest Arthur Jelf - Law - 1903 - 140 pages
...entire loss of a ship and cargo has been occasioned by two vessels running foul of each other. ... A misfortune of this kind may arise 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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The Encyclopedia Americana, Volume 5

Frederick Converse Beach - Encyclopedias and dictionaries - 1903 - 876 pages
...imputable to either party, as where the loss is occasioned by a storm or any other vis majar, in which case the misfortune must be borne by the party on whom it happens to light. Secondly, a misfortune of this kind may arise where both parties are to blame — where there has been...
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Judicial and Statutory Definitions of Words and Phrases, Volume 2

Law - 1904 - 1032 pages
...being imputable to either party, as where the loss is occasioned by a storm, or any other act of God. in that case the misfortune must be borne by the party...other not being responsible to him in any degree. (2) When there has been a want of due diligence or lack of skill on both sides, in such case the rule...
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The Foundations of Legal Liability: Theory and principles of tort

Thomas Atkins Street - Actions and defenses - 1906 - 542 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.6 Secondly, a misfortune of this kind may arise where both parties are to blame ; where there...
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Encyclopaedia of Ships and Shipping

Herbert B. Mason - Naval art and science - 1908 - 774 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...blame ; where there has been want of due diligence on both sides. In such a case the rule of law is that the loss must be apportioned between them. Thirdly,...
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