 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 - Page 61edited by - 1845Full view - About this book
 | Charles Petersdorff - Law reports, digests, etc - 1825 - 848 pages
...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 - Admiralty - 1828 - 570 pages
...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 - Law reports, digests, etc - 1828 - 504 pages
...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 - Admiralty - 1828 - 564 pages
...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 - Bailments - 1832 - 460 pages
...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 - Civil procedure - 1834 - 680 pages
...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 - Constables - 1837 - 614 pages
...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,... | |
 | Joseph Story - Bailments - 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... | |
 | Commerce - 1843 - 602 pages
...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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