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Books Books 1 - 10 of 124 on Secondly, a misfortune of this kind may arise where both parties are to blame; where....  
" 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 Merchants' Magazine and Commercial Review - Page 544
1843
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A Practical and Elementary Abridgment of the Cases Argued and ..., Volume 1

Charles Petersdorff - Law reports, digests, etc - 1825
...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...
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Reports of cases argued and determined in the High Court of Admiralty ...

John Dodson, William Scott (Baron Stowell), Great Britain. High Court of Admiralty - Admiralty - 1828
...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...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...
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Reports of Cases Argued and Determined in the High Court of Admiralty ...

Great Britain. High Court of Admiralty, Sir John Dodson - Law reports, digests, etc - 1828
...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 of them. Thirdly, it may happen by the misconduct of the suffering party only ; and then the rule is, that the...
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Cases Decided in the House of Lords: On Appeal from the Courts of Scotland ...

Patrick Shaw - Law reports, digests, etc - 1828
...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 be' tween them, as having been occasioned by the fault of both of them. ' Thirdly,' he says, ' It may...
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Commentaries on the law of bailments: with illustrations from the civil and ...

Joseph Story - Bailments - 1832 - 411 pages
...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...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...
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The practice of the law in all its departments: with a view of ..., Volume 2

Joseph Chitty - Law - 1834
...bulk parties arc 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...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...
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Reports of cases argued and determined in the Court of King's Bench: in ...

Sandford Nevile, Great Britain. Court of King's Bench - Law - 1836
...liockt Woodaxird v. PC 386; 1 Taunt. 6. (6) J Dodst TRINITY TERM, VI WILL. IV. of both of them. Thirdly, it may happen by the misconduct of the suffering party...rule is, that the sufferer must bear his own burthen. Lastly, it may have been the fault of the ship which ran the other down ; and in this case the injured...
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A Treatise on the Law Relating to the Powers and Duties of Justices of the ...

Joseph Rockwell Swan - Constables - 1837 - 582 pages
...loss of baggage when notice has been given, seepage 247. 8, (E), 9.] BAILMENT INNKEEPER. 253 case the rule of law is, that the loss must be apportioned...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...
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Reports of Cases Argued and Determined in the Court of King's ..., Volume 6

Sandford Nevile, William Montagu Manning (Sir.) - Law reports, digests, etc - 1839
...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...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....
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Commentaries on the law of bailments: with illustrations from the civil and ...

Joseph Story - Bailments - 1840 - 1 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...
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