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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. "
A dictionary, practical, theoretical, and historical, of commerce and ... - Page 30
by John Ramsay M'Culloch - 1849
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A Treatise of the Law Relative to Merchant Ships and Seamen

Charles Abbott (Baron Tenterden) - Maritime law - 1856 - 996 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...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...
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Dana's Seaman's friend

Richard Henry Dana - 1856 - 460 pages
...or 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 of them. 3dly, It may happen by the fault of the suffering party only ; and then the rule is, that the sufferer...
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The Admiralty Jurisdiction: Law and Practice of the Courts of the United ...

Alfred Conkling - Admiralty - 1857 - 502 pages
...diligence on both sides ; in such case the rule of law is, that the loss must be apportioned between them. Thirdly, it may happen by the misconduct of...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...
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Reports from the Court of Claims Submitted to the House of ..., Volume 1

United States. Court of Claims - Law reports, digests, etc - 1862 - 964 pages
...that the loss must be apportioned between them, as having been occasioned by the fault of both. Third. It may happen by the misconduct of the suffering party...Lastly. It may have been the fault of the ship which run the other down; and, in this case, the injured party would be entitled to entire compensation from...
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A Treatise on the Law of Merchant Shipping

David Maclachlan - Maritime law - 1860 - 1046 pages
...occasioned by the fault of both. " 3rdly. 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...
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Dana's Seaman's friend. Brown

Richard Henry Dana - 1863 - 310 pages
...a case the rule of law is, that the loss must be apportioned between them as having been oceasioned by the fault of both of them. Thirdly, it may happen...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...
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International Commercial Law: Being the Principles of Mercantile Law of the ...

Leone Levi - Commercial law - 1863 - 664 pages
...there has been a want of due diligence or of skill on both sides, the loss must be apportioned between them, as having been occasioned by the fault of both of them. And if it happen by the misconduct of the suffering party only, then the rule is that the sufferer...
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A Treatise on the Law of Reparation

John Guthrie Smith - Damages - 1864 - 590 pages
...or skill on both sides. In such a case tk rule of law 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 suiting party only ; and then the rule is, that the suffering pa.i; must bear his own burden. ' Lastly,...
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Arnould on the Law of Marine Insurance, Volume 2

Sir Joseph Arnould - Average (Maritime law) - 1866 - 620 pages
...occasioned by the fault of both. — 3. It may happen by the misconduct of the suffering party alone ; and then the rule is, that the sufferer must bear his own burden. — 4. It may have been the fault of the ship which ran the other down ; and in this case the injured...
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Arnould on the Law of Marine Insurance, Volume 2

Sir Joseph Arnould - Average (Maritime law) - 1866 - 628 pages
...occasioned by the fault of both.—3. It may happen by the misconduct of the suffering party alone ; and then the rule is, that the sufferer must bear his own burden.—4. It may have been the fault of the ship which ran the other down ; and in this case the...
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