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" In such a case, the rule of law is, that the loss must be apportioned between them, as having been occasioned by the fault of both of them. "
A dictionary, practical, theoretical, and historical, of commerce and ... - Page 30
by John Ramsay M'Culloch - 1849
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The American State Reports: Containing the Cases of General ..., Volume 121

Abraham Clark Freeman - Law reports, digests, etc - 1908 - 1174 pages
...or skill 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 fault of both of them." The rule thus laid down by Lord Stowell has been universally followed in the United States: Reeves...
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The American State Reports: Containing the Cases of General ..., Volume 121

Abraham Clark Freeman - Law reports, digests, etc - 1908 - 1166 pages
...or skill 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 fault of both of them." The rule thus laid down by Lord Stowell has been universally followed in the United States: Beeves...
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Encyclopaedia of Ships and Shipping

Herbert B. Mason - Naval art and science - 1908 - 752 pages
...diligence on both sides. In such a 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 alone ; and then the rule is that the sufferer must bear his own burden. Lastly, it may have been the...
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Arnould on the Law of Marine Insurance and Average, Volume 2

Sir Joseph Arnould - Average (Maritime law) - 1909 - 970 pages
...occasioned by the fault of both. " 3rdly. It may happen by the misconduct of the suffering party alone ; and then the rule is that the sufferer must bear his own burden. •' 4thly. It may have been the fault of the ship which ran the other down ; and in this case the...
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The Law Relating to Waters, Sea, Tidal, and Inland: Including Rights and ...

Henry John Wastell Coulson, Urquhart Atwell Forbes - Riparian rights - 1910 - 868 pages
...on both sides. In • such a case the rule of law is, that the 'loss must be apportioned between 1 them, as having been occasioned by ' the fault of...the rule " is that the sufferer must bear his own " harden. Lastly, it may have been the •' fault of the ship which run the other '• down, and in...
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Maritime Law: Illustrated by the History of a Ship from and Including the ...

Albert Saunders - Maritime law - 1910 - 510 pages
...the Woodrop? the same learned judge said : " The rule is that the loss must be apportioned between them, as having been occasioned by the fault of both of them ". In De Vaux v. Salvador 3 Lord Denman said : " A positive rule of the Court of Admiralty requires...
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United States Supreme Court Reports, Volume 11

United States. Supreme Court - Law reports, digests, etc - 1911 - 1184 pages
...that the loss must be apportioned between them, as having been occasioned by the fault of both. Third. It may happen by the misconduct of the suffering party...Lastly. It may have been the fault of the ship which run the other down, and in this case, the injured party would be entitled to entire compensation from...
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American and British Claims Arbitration

Great Britain - 1913 - 376 pages
...or near the same place. "There are four possibilities under which a collision may occur : ********** "Thirdly. It may happen by the misconduct of the suffering...rule is, that the sufferer must bear his own burden. ********** "The third rule here laid down, it seems to me, applies with great force to the case under...
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Aircraft in Peace and the Law

James Molony Spaight - Aeronautics - 1919 - 252 pages
...occasioned by the fault of both. " 3rdly. It may happen by the misconduct of the suffering party alone ; and then the rule is, that the sufferer must bear his own burthen. " 4thly. It may have been the fault of the ship which ran the other down ; and in this case,...
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Winston's Cumulative Loose-leaf Encyclopedia: A Comprehensive ..., Volume 3

Charles Morris - Encyclopedias and dictionaries - 1923 - 496 pages
...due diligence or skill on both sides ; in which case neither party has an action against the other. Thirdly, it may happen by the misconduct of the suffering...rule is that the sufferer must bear his own burden. Finally it may have been, the fault of the ship which ran the other down, and in that case the injured...
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