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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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The Law Times, Volume 62

Law - 1877 - 490 pages
...the rule of Jaw is that the loss must be apportioned between them as having been occasioned by both. Thirdly, it may happen by the misconduct of the suffering party only, and then the rule ia that the sufferer must bear bis own burden. Lastly, he remarks that it may happen from the fault...
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A Treatise on the Law of Bailments: Contracts Connected with Custody and ...

Isaac Edwards - Bailments - 1878 - 738 pages
...diligence on both sides; in such a casej the rule of law is, that the loss must bu apportioned between them, as having been occasioned by the fault of both...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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A Treatise on the Law of Bills of Lading: Comprising the Various Legal ...

Eugene Leggett - Bills of lading - 1880 - 520 pages
...is, that the loss must be apportioned among them, as having. been occasioned by the fault of both. Thirdly, it may happen by the misconduct of the suffering...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 an entire compensation...
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A Treatise of the Law Relative to Merchant Ships & Seamen, in Six Parts: I ...

Charles Abbott (Baron Tenterden) - Maritime law - 1881 - 1106 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 of them (/). Thirdly, by the misconduct of the suffering party only ; and then the rule is, that the sufferer must bear his...
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The York Legal Record, Volume 3

Law - 1883 - 262 pages
...diligence or skill on both sides, the rule of law is that the loss must be eqnally apportioned between them, as having been occasioned by the fault of both of them: Bromi's Legal Maxims 376. So here, both being in pan' delicto, both should be held in equal degree...
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Reports of Cases Argued and Decided in the Supreme Court of the ..., Book 11

United States. Supreme Court - Law reports, digests, etc - 1883 - 1240 pages
...the loss must be apportioned between them, as having been occasioned by the fault of both. Third, ft 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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Wood's Browne on the Law of Carriers of Goods and Passengers by Land and Water

John Hutton Balfour Browne - Carriers - 1883 - 818 pages
...of skill upon 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...rule is that the sufferer must bear his own burden. Fourthly, it may have been the fault of the ship which ran the other down, and in this case the innocent...
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Wharton's Law-lexicon: Forming an Epitome of the Law of England; and ...

John Jane Smith Wharton - Law - 1883 - 926 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 that case...
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Wharton's Law-lexicon: Forming an Epitome of the Law of England; and ...

John Jane Smith Wharton - Law - 1883 - 908 pages
...case the rule of law is, that the loss must be apportioned between them, as having been occiisioned 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 that case...
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United States Reports, Supreme Court: Cases Argued ..., Volume 16; Volume 106

United States. Supreme Court - Law reports, digests, etc - 1883 - 780 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 of them." Woodrop-Sims, 2 Dods. 83. This statement of the law was adopted in the text of Abbott on Shipping,...
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