 | Herbert Broom - 1852 - 616 oldal
...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 appany, 8 CB 229 ; ECLR 54. As to liability for fire caused by negligence at common law, see per Tindal,... | |
 | 1853 - 702 oldal
...where there has been a want of dne diligence or of skill on both sides. In such a case, the rule of /aw is, that the loss must be apportioned between them,...having been occasioned by the fault of both of them. Thirdly, it may happen by the misconduct of the suffering party only ; and then the rule is, that the... | |
 | 1854 - 372 oldal
...arise when both parties are to blame, as where there has been a want of due diligence on both sides; in such a case the rule of law is, that the loss must...having been occasioned by the fault of both of them." JFC (Walsall). No. 33.— Lessee of Mortgagor (ante, p. 160). In an answer to this point by WKW, contained... | |
 | Herbert Broom - 1854 - 622 oldal
...243; ECLR 89. portioned between them, as having been occasioned by the fault of both of them. Thirdly, it may happen by the misconduct of the suffering party...then the rule is, that the sufferer must bear his own burden. Lastly, it may have been the fault of the ship which ran the other down ; and, in this case,... | |
 | John Bouvier - 1854 - 692 oldal
...sides; in such cases the loss must be apportioned No. 2311. Book 3, tit. 2, chap. 1, see. 4. No. 2312. between them, as having been occasioned by the fault of both of them. (a) 3. The suffering party may have been the sole cause of the injury, then he must bear the loss.... | |
 | Charles Abbott (Baron Tenterden) - 1856 - 996 oldal
...where both parties are to blame, where there has been want of due diligence or of skill on both sides ; in such a case, the rule of law is, that the loss...having been occasioned by the fault of both of them. Thirdly, it may happen by the misconduct of the suffering party only ; and then the rule is, that the... | |
 | Richard Henry Dana - 1856 - 460 oldal
...parties are to blame, where 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...having been occasioned by the fault of both of them. 3dly, It may happen by the fault of the suffering party only ; and then the rule is, that the sufferer... | |
 | Joseph Story - 1856 - 728 oldal
...Placidia, Jurist, (English) 1843, p. 380, 381 ; SC 1 TV. Rob. Adm. R. 463. 5 Post, § 610. BAIL. 52 tioned between them, as having been occasioned by the fault of both of them.1 This also seems to be the general rule adopted by modern maritime nations ; and it has been... | |
 | Alfred Conkling - 1857 - 502 oldal
...arise, where both parties are to blame, where there has been a want of diligence on both sides ; in such case the rule of law is, that the loss must be apportioned between them. Thirdly, it may happen by the misconduct of the suffering party only ; and then the rule is that the... | |
 | Georgia. Supreme Court - 1859 - 740 oldal
...same ground. The Mucnn and Western R. R_ Co. vs. Winn. due diligence or ski-! on both sides; in such case, the rule of law is, that the loss must be apportioned between them as having been occasioned by the mult of both of them "' J» ff . on Cur., sec. 642. Apportioned would seem to imply, that the part... | |
| |
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... 
