 | Charles Abbott (Baron Tenterden) - Maritime law - 1846 - 1088 pages
...COLLISION. 303 •both sides ; in such a case, the rule of law is, that the loss must be apportioned between them, as having been occasioned by the fault of both of them. (1) Thirdly, it may happen by the misconduct of the suffering party only ; and then the rule is, that... | |
 | Commerce - 1848 - 706 pages
...is, that the loss must be apportioned between them, as having been occasioned by the fault of both. Thirdly, it may happen by the misconduct of the .suffering party only ; and then the rule is, that the suflbrer must bear his own burden. Lastly, it may have been the fault of the ship which ran the other... | |
 | Sir Joseph Arnould - Average (Maritime law) - 1848 - 780 pages
...occasioned by the fault of both. " 3dly. It may happen by the misconduct of the suffering • party alone ; and then the rule is, that the sufferer must bear his own burden. "~4thly. It may have been the fault of the ship which ran the other down ; and in this case the injured... | |
 | Joseph Kinnicut Angell - Carriers - 1849 - 808 pages
...of skill on both sides ; in such case, the rule of law is, that the loss must be apportioned between them, as having been occasioned by the fault of both...then the rule is, that the sufferer must bear his own burthen. Fourthly, it may have been the fault of the ship which ran the other down, and in this case... | |
 | James Lees - 1851 - 478 pages
...skill on both sides. In such a case, the rule of law is, that the loss must be apportioned between them, as having been occasioned by the fault of both...may happen by the misconduct of the suffering party, and then the rule is, that the sufferer must bear his own burden. Lastly, it may have been the sole... | |
 | Joseph Kinnicut Angell - Business & Economics - 1851 - 836 pages
...of skill on boih sides : in such case, the rule of law is, that the loss must be apportioned between them, as having been occasioned by the fault of both of them. Thirdly, it rnay happen by the misconduct of the suffering party only ; and then the rule is, that the sufferer... | |
 | Herbert Broom - Legal maxims - 1852 - 616 pages
...R. (US) 421. 1 Parnaby v. Lancaster Canal Company, 11 Ad. & E. 223, 243 ; ECLR 39. portioned between them, as having been occasioned by the fault of both...then the rule is, that the sufferer must bear his own burthen. Lastly, it may have been the fault of the ship which ran the other down ; and, in this case,... | |
 | Isaac Ridler Butts - 1852 - 596 pages
...of skill on both sides. In such case, the rule of law is, that the loss may be apportioned between them, as having been occasioned by the fault of both...may happen by the misconduct of the suffering party, and then the rule is, that the sufferer must bear his own burden. Lastly, it may have been the fault... | |
 | John Bouvier - Law - 1854 - 692 pages
...such cases the loss must be apportioned No. 2311. Book 3, tit. 2, chap. 1, see. 4. No. 2312. between them, as having been occasioned by the fault of both of them. (a) 3. The suffering party may have been the sole cause of the injury, then he must bear the loss.... | |
 | Law - 1854 - 372 pages
...diligence on both sides; in such a case the rule of law is, that the loss must be apportioned between them, as having been occasioned by the fault of both of them." JFC (Walsall). No. 33.— Lessee of Mortgagor (ante, p. 160). In an answer to this point by WKW, contained... | |
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In such a case, the rule of law is, that the loss must be apportioned between them, as having been occasioned by the fault of both of them. 
