 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...  The New-York Legal Observer - Seite 61herausgegeben von - 1845Vollansicht - Über dieses Buch
 | Charles Petersdorff - 1825 - 848 Seiten
...where both 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... | |
 | John Dodson - 1828 - 570 Seiten
...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...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... | |
 | Great Britain. Parliament. House of Lords, Patrick Shaw - 1828 - 504 Seiten
...mis' fortune 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...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. High Court of Admiralty, John Dodson - 1828 - 564 Seiten
...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 isj_that^ the loss must be apportioned between them, as having been occasioned by the fault of both... | |
 | Joseph Story - 1832 - 460 Seiten
...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...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... | |
 | Joseph Chitty - 1834 - 680 Seiten
...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, in such...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... | |
 | Joseph Rockwell Swan - 1837 - 614 Seiten
...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 (•) 9 Wend. 85 1 Wh«. Selwyn 301, n. 1. (1) As to the loss of baggage when notice has been given,... | |
 | Great Britain. Court of King's Bench, Sandford Nevile, Sir William Montagu Manning - 1839 - 998 Seiten
...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...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 Seiten
...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... | |
 | 1843 - 602 Seiten
...where both parties are to blame — where 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...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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