 | Charles Petersdorff - 1825 - 848 pages
...parties are to blame, where there has been a want of skill or of due diligence on botbiides. In such a case the rule of law is, that the loss must be apportioned between them, as haviug been occasioned by the fault of both of them. Thirdly, it may happen by the misconduct of tlie... | |
 | Great Britain. Parliament. House of Lords, Patrick Shaw - 1828 - 504 pages
...are to blame, where ' there has been a want of due diligence or of skill on both sides. In ' such a case the rule of law is, that the loss must be apportioned be' tween them, as having been occasioned by the fault of both of them. ' Thirdly,' he says, ' It may... | |
 | Great Britain. Court of King's Bench, Sandford Nevile, Sir William Montagu Manning - 1839 - 998 pages
...parties are to blame, where there has been a want of due diligence or 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 (a) At common law the ransom of British ships or goods taken by the enemy was permitted ; Cornu v.... | |
 | Joseph Story - 1840 - 686 pages
...there has been a want of due diligence or skill on both sides. In such a case the rule of the maritime law is, that the loss must be apportioned between...as having been occasioned by the fault of both of them.2 This also seems to be the general rule adopted by modern maritime nations; and it has been inflexibly... | |
 | Freeman Hunt - 1843 - 620 pages
...are to blame — where there has been a want of due diligence or of ikill on both sides. In such a case, the rule of law is, that the loss must be apportioned...having been occasioned by the fault of both of them. Third. It may happen by the misconduct of the suffering party only, and then the rule is, that the... | |
 | 1843 - 610 pages
...are to blame — where there has been a want of due diligence or of fekill on both sides. In such a case, the rule of law is, that the loss must be apportioned...having been occasioned by the fault of both of them. Third. It may happen by the misconduct of the suffering party only, and then the rule is, that the... | |
 | 1843 - 610 pages
...are to blame — where there lias been a want of due diligence or of ¿kill on both «des. In such a case, the rule of law is, that the loss must be apportioned...having been occasioned by the fault of both of them. Third. It may happen by the misconduct of the suffering party only, and then the rule is, that the... | |
 | United States. Supreme Court - 1843 - 460 pages
...in any degree. Secondly. When there has been a want of due diligence or skill on both sides, in such case the rule of law is, that the loss must be apportioned...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... | |
 | John Bouvier - 1843 - 752 pages
...to blame, as when there has been a want of due diligence or of skill on both sides ; in such cases, the loss must be apportioned between them, as having been occasioned by the fault of both of them. 6 Whart. R. 311. — 3. The suffering party may have been the cause of the injury, then he must bear... | |
 | 1843 - 602 pages
...loss must be apportioned between them, as having been occasioned by the fault of both of them. Third. It may happen by the misconduct of the suffering party only, and thon the rule is, that the sufferer must bear his own burthen. Fourth. It may have been the fault of... | |
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Secondly, a misfortune of this kind may arise where both parties are to blame; where there has been a want of due diligence or 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... 
