 | Charles Petersdorff - 1825 - 848 pages
...by a storm, or any other vit major. In that case the misfortune must be borne by the party on whom it happens to light, the other not being responsible...any degree. Secondly, a misfortune of this kind may arae where both parties are to blame, where there has been a want of skill or of due diligence on botbiides.... | |
 | Great Britain. High Court of Admiralty, John Dodson - 1828 - 564 pages
...bya storm, or any other vis major : In that case, the misfortune must be borne by thejparty, on whom it happens to light ; the other not being responsible...skill on both sides : In such a case, the rule of law isj_that^ the loss must be apportioned between them, as having been occasioned by the fault of both... | |
 | Great Britain. Parliament. House of Lords, Patrick Shaw - 1828 - 504 pages
...by a storm, or any other vis major. In that case the mis' fortune must be borne by the party on whom it happens to light, the ' other not being responsible to him in any degree. Secondly, A mis' fortune of this kind may arise where both parties are to blame, where ' there has been a want... | |
 | Charles Petersdorff - 1829 - 564 pages
.../by the party on whom it happens to li"ht. the other not being responsible to him in any The hirer degree. Secondly, a misfortune of this kind may arise where both parties are to blame, of a car where there has been a want of -ikul or of due diligence on both sides. In such a case the... | |
 | Joseph Chitty - 1834 - 680 pages
...is occasioned by any other vis major, in that case the misfortune must be borne by the party on whom it happens to light; the other not being responsible...Secondly, a misfortune of this kind may arise where bulk parties arc to blame, where there has been a want of due diligence or of skill on both sides,... | |
 | Joseph Rockwell Swan - 1837 - 614 pages
...where the loss is occasioned by a storm. In that case the loss must be borne by the party, on whom it happens to light; the other not being responsible...due diligence or of skill on both sides. In such a (•) 9 Wend. 85 1 Wh«. Selwyn 301, n. 1. (1) As to the loss of baggage when notice has been given,... | |
 | Joseph Story - 1840 - 686 pages
...constituting a case of the vis major. In such a case, the loss must be borne by the party, on whom it happens to light ; the other not being responsible to him in any degree.4 This (as we shall see) was also the Roman law.5 But among modern maritime nations there is... | |
 | 1843 - 602 pages
...whom it happens to light, the other not being responsible to him in any degree. Second. A misfortone of this kind may arise where both parties are to blame...there has been a want of due diligence or of skill on boih sides. In such a case, the rule of law is, that the loss must be apportioned between them, as... | |
 | United States. Supreme Court - 1843 - 460 pages
...by a storm, or any other vis major. In that case the misfortune must be borne by the party on whom it happens to light, the other not being responsible to him 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,... | |
 | John Bouvier - 1843 - 752 pages
...occasioned by a storm, or any other vis major ; in that case the loss must be borne by the party on whom it happens to light, the other not being responsible to him in any degree. — 2. Both parties may be to blame, as when there has been a want of due diligence or of skill on... | |
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... 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. 
