 | Charles Petersdorff - Law reports, digests, etc - 1825 - 848 pages
...the loss U occasioned 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...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 - Admiralty - 1828 - 564 pages
...occasioned 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...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 - Law reports, digests, etc - 1828 - 504 pages
...loss is ' occasioned 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...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 - Law - 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 - Civil procedure - 1834 - 680 pages
...; as where the loss 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...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 - Constables - 1837 - 614 pages
...imputed to either party; as 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...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
...other irresistible force, 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... | |
 | Commerce - 1843 - 610 pages
...the party on whom it happens to light, the other not being responsible to him in any degree. Second, A misfortune of this kind may arise where both parties...where there has been a want of due diligence or of fekill on both sides. In such a case, the rule of law is, that the loss must be apportioned between... | |
 | United States. Supreme Court - Courts - 1843 - 460 pages
...the loss is occasioned 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...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,... | |
 | Commerce - 1843 - 602 pages
...the loss is occasioned by a storm, or any other ris major. In that case, the misfortone must be borne by the party on 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 — where there has been... | |
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In the first place, it may happen without blame being imputable to either party ; as where the loss is occasioned 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... 
