 | 1877 - 780 sider
...at least a eontributary cause of the disaster. In saeh a case the burden rests upon the ship to show not merely that her fault might not have been one...probably was not, but that it could not have been. Such a rule is necessary to enforce obedience to the mandate of the statute." The Pensylvania, 19 Wallace,... | |
 | 1919 - 2026 sider
...presumption that the fault, if not the sole cause, was at least a contributory cause of the disaster. In such a case the burden rests upon the ship of showing,...probably was not, but that it could not have been. Such a rule is necessary to enforce obedience to the mandate of the statute. In tho case of The Fenham,... | |
 | 1887 - 1910 sider
...presumption that the fault, if not the sole cause, was at least a contributory cause of the disaster. In su'ch a case the burden rests upon the ship of...probably was not, but that it could not have been. Such a rule is necessary to enforce obedience to the mandate of the statute." In The Ottawa, 3 Wall.... | |
 | 1897 - 2078 sider
...regulations, not merely that such disregard might not have been one of the causes of the collision, or even that it probably was not, but that "it could not have been." This was apparently restated in Beiden v. Chase, at pago 699, 150 US, and page 272, 14 Sup. Ct., in... | |
 | Jan Helenus Ferguson - 1884 - 558 sider
...America, as to the effect of an infringement of the regulations, is identical with that of Great Britain. "Where a ship, at the time of collision. is in actual...probably was not, but that it could not have been." * §118. The International Code of Signals is /«« likewise to be regarded as forming part of International... | |
 | United States. Supreme Court - 1885 - 914 sider
...presumption that the fault, if not the sole cause, was at least a contributory cause of the disaster. In such a case the burden rests upon the ship of showing...probably was not, but that it could not have been. Such a rule is necessary to enforce obedience to the mandate of the statute. In the case of 11 The... | |
 | Reginald Godfrey Marsden, John William Mansfield - 1891 - 716 sider
...passage, which occurs in the judgment of the Court, shows that the law in America as to the effect of an infringement of the Regulations is identical...was in this country held free from fault : see The Pennsylvania, 3 Mar. Law Cas. 0. S. 177. («) Canada, 13 Viet. c. 29 ; see The Clara Killam, 2 Quebec... | |
 | Reginald Godfrey Marsden, John William Mansfield - 1891 - 744 sider
...actual violation of a statutory rule intended to prevent collisions, it is no more than a rea^mable presumption that the fault, if not the sole cause,...was in this country held free from fault : see The Painsyleania, 3 Mar. Law Cas. OS 477. («) Canada, 43 Viet. c. 29 ; see The Clara Killam, 2 Quebec... | |
 | United States. Supreme Court - 1894 - 756 sider
...regulation deemed essential to good seamanship. In The Pennsylvania, 19 Wall. 125, 136, it was said that " in such a case the burden rests upon the ship of showing...probably was not, but that it could not have been." In this case a barque was condemned for ringing a bell as a fog signal while under way, although in... | |
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But when, as in this case, a ship at the time of a collision is in actual violation of a statutory rule intended to prevent collisions, it is no more than a reasonable presumption that the fault, if not the sole cause, was at least a contributory cause... 
