 | Sir William Searle Holdsworth - Law - 1925 - 546 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 fault... | |
 | Alfred Townsend Bucknill - Towing - 1927 - 128 pages
...parties are to blame, and " 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." In the case before Lord Stowell, the defendant vessel was found alone to blame, but this dictum was... | |
 | Insurance law - 1877 - 966 pages
...the rule of law 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...that the sufferer must bear his own burden. Lastly, be remarks that it may happen from the fault of the ship which ran the other down, and in that case... | |
 | Sir William Searle Holdsworth - Law - 1926 - 546 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 fault... | |
 | Great Britain. Courts - Law reports, digests, etc - 1916 - 674 pages
...(not justly) liable"; and in The Woodroop Sime (2 Dods, 85), " the loss must be apportioned between them as having been occasioned by the fault of both of them." Mr. Marsden says that "The principle of the rule is said to be equality in participation in a loss... | |
 | Law reports, digests, etc - 1883 - 798 pages
...learned judge said: "The rule is that the loss must be apportioned (meaning, equally apportioned) between them, as having been occasioned by the fault of both of them." The Merchant Shipping Amendment Act of 1862 provides that in all cases of collision, where there is... | |
 | Law reports, digests, etc - 1912 - 594 pages
...were justly (not jointly) liable"; and in The Woodrop-Sims,3* the loss must be apportioned between them, as having been occasioned by the fault of both of them. " Mr. Marsden, in his book on Collisions at Sea, at p. 124, says that " The principle of the rule is... | |
 | United States. Supreme Court - Law reports, digests, etc - 1885 - 1150 pages
...skill on both sides; in such a case, the rule of law is, that the loss must be apportioned between < 0 0 P)w (ݺ,z A X +ۃ9i5R bH Q 20% 耷 7 YI 5 L The Woodrop Sims, 2 Dods.,83. This statement of the law was adopted in the text of Abbott on Shipping,... | |
 | United States. Supreme Court - Law reports, digests, etc - 1911 - 1180 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 only, and then the rale is, that the sufferer mast bear his own burden. Lastly. It may have been the fault of the ship... | |
 | Law - 1883 - 500 pages
...(2 Dod. 83), the same learned judge said : " The rule is that the loss must be apportioned between them, as having been occasioned by the fault of both of them. " This being the rule, the question which arose was, " whether there are in these cases two cross liabilities... | |
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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. 
