 | New Brunswick. Vice-Admiralty Court, Alfred A. Stockton - Admiralty - 1894 - 792 pages
...occasioned by the fault of both, ordly. It may happen by the misconduct of the suffering party alone ; and then the rule is, that the sufferer must bear his own burthen. 4thly. It may have been the fault of the ship which ran the other down ; and in this case... | |
 | Reginald Godfrey Marsden - Collision at sea - 1897 - 772 pages
...of 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...suffering party only ; and then the rule is that the suif erer must bear his own burden. Lastly, it may have been the fault of the ship which ran the other... | |
 | Norman Fetter - Carriers - 1897 - 888 pages
...vessels, where both parties are to blame, the rule of law is "that the loss must be apportioned between them, as having been occasioned by the fault of both of them." This rule was approved by the house of I 191. t 2 Dod. 83, 85. lords in 1824.2 With us the rule was... | |
 | Robert Campbell - Annotations and citations (Law) - 1898 - 872 pages
...case the rule of law is that the loss must apportioned between them, as having been occasioned by the of both of them. Thirdly, it may happen by the misconduct...suffering party only; and then the rule is that the *u/Fex-er must bear his own burden. Lastly, it may have been the fault of the ship which ran the other... | |
 | Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead - Law reports, digests, etc - 1900 - 930 pages
...case, the rule of law is, that the loss must be apportioned between them, as having been occasioned liy 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... | |
 | Robert Griffith Williams, Gainsford Bruce, Charles Fuhr Jemmett - Admiralty - 1902 - 852 pages
...of 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, it may (0 This sub-section has been held to brought in the Court of Admiralty, apply to a claim for damage... | |
 | Ernest Arthur Jelf - Law - 1903 - 140 pages
...of 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 ." And in The Stormvart Maatschappy Nederland v. Peninsular and Oriental Company (7 App. Cas. 800,... | |
 | Law - 1904 - 1032 pages
...is that the loss must be borne between them, as having been occasioned by the fault of both. (3) 1t may happen by the misconduct of the suffering party...sufferer must bear his own burden. Lastly, it may be the fault of the ship which ran the other down, and in this case the injured party would be entitled... | |
 | Thomas Atkins Street - Actions and defenses - 1906 - 542 pages
...the loss must be apportioned between them, as having been occasioned by the fault of both of them.7 Thirdly, it may happen by the misconduct of the suffering...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... | |
 | William Atkinson Oliver - Maritime law - 1908 - 424 pages
...by the party on whom it happens to light, the other not being responsible to him in any degree. 2nd. It may happen by the misconduct of the suffering party...and then the rule is, that the sufferer must bear the whole loss himself. 3rd. It may have been the fault of the ship which ran the other down ; and... | |
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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. 
