Reports of Cases Relating to Maritime Law: New series, Volum 3Field Press, 1878 |
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Side 3
... fact , and their Lordships repeat what , indeed , they have often said , that they are extremely loath to interfere with the finding of the court below on a question of fact , that court having had the ad- vantage , which they have not ...
... fact , and their Lordships repeat what , indeed , they have often said , that they are extremely loath to interfere with the finding of the court below on a question of fact , that court having had the ad- vantage , which they have not ...
Side 19
... fact of the schooner having carried proper lights . Now , in this case I do not feel that amount of difficulty which sometimes presses in a case where the evidence on both sides is so closely balanced , because it is not denied that ...
... fact of the schooner having carried proper lights . Now , in this case I do not feel that amount of difficulty which sometimes presses in a case where the evidence on both sides is so closely balanced , because it is not denied that ...
Side 28
... fact damnified . " It seems to me that every word of that definition is material . In a note at page 821 , there is a definition by Lord Hardwicke , which is said to be the tersest and the best . He defines it , " An act of wrong done ...
... fact damnified . " It seems to me that every word of that definition is material . In a note at page 821 , there is a definition by Lord Hardwicke , which is said to be the tersest and the best . He defines it , " An act of wrong done ...
Side 29
... fact appears to be that the question whether or not the captain had actual knowledge was fully contested , and was , as I further collect , the substantial and only question contested at the trial . The want of proof of such knowledge ...
... fact appears to be that the question whether or not the captain had actual knowledge was fully contested , and was , as I further collect , the substantial and only question contested at the trial . The want of proof of such knowledge ...
Side 31
... fact know of the Act , must have been fully alive to the fact that that question ought to be submitted to the jury . The principal ground upon which the rule was moved for was that the Chief Justice ought , under the circumstances , to ...
... fact know of the Act , must have been fully alive to the fact that that question ought to be submitted to the jury . The principal ground upon which the rule was moved for was that the Chief Justice ought , under the circumstances , to ...
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Vanlige uttrykk og setninger
action Admiralty Court agent agreed agreement alleged amount appears apply arrived barque barratry behalf Bellerophon bill of lading bottomry captain cargo carry cause charter-party charterer circumstances claim collision common carriers consignees contended contract costs Court of Admiralty crew damage decision defendants delivered demurrage discharge effect entitled evidence fact Franconia freight Glannibanta helm High Court James Baines judgment jurisdiction jury Kertch Kirwee L. T. Rep Lake St learned judge liable lien loading London Lord Lordships loss Luddenden Foot master ment Merchant Shipping Act Messrs mortgage negligence notice opinion owner paid parties payment perils person plaintiff port proceed proceeded Q.B. Div question Railway Company reason recover respect risk rule sailing salvage sect shipowner Solicitors starboard statement of claim steamer steamship Strathclyde Taganrog tion tons ubi sup underwriters verdict vessel Vict voyage Woosung words
Populære avsnitt
Side 3 - In obeying and construing these rules due regard must be had to all dangers of navigation ; and due regard must also be had to any special circumstances which may exist in any particular case rendering a departure from the above rules necessary in order to avoid immediate danger.
Side 6 - Nothing in these rules shall exonerate any ship, or the owner, or master, or crew thereof, from the consequences of any neglect to carry lights or signals, or of any neglect to keep a proper look.out, or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstances of the case.
Side 275 - Every steam ship, when approaching another ship so as to involve risk of collision, shall slacken her speed, or, if necessary, stop and reverse ; and every steam ship shall, when in a fog, go at a moderate speed.
Side 250 - Every such company as aforesaid shall be liable for the loss of or for any injury done to any horses, cattle, or other animals, or to any articles, goods, or things, in the receiving, forwarding, or delivering thereof, occasioned by the neglect or default of such company or its servants...
Side 167 - Court, as might properly have been granted against such person if he had been made a defendant to a cause duly instituted by the same defendant for the like purpose ; and every person served with any such notice shall thenceforth be deemed a party to such cause or matter, with the same rights in respect of his defence against such claim, as if he had been duly sued in the ordinary way by such defendant.
Side 108 - ... surprisals, takings at sea, arrests, restraints, and detainments of all kings, princes, and people, of what nation, condition, or quality soever...
Side 273 - If two ships under steam are crossing so as to involve risk of collision, the ship which has the other on her own starboard side shall keep out of the way of the other.
Side 249 - ... being hereby declared to be null and void: Provided always, that nothing herein contained shall be construed to prevent the said companies from making such conditions with respect to the receiving, forwarding, and delivering of any of the said animals, articles, goods, or things, as shall be adjudged by the Court or judge before whom any question relating thereto shall be tried to be just and reasonable...
Side 145 - Merchant a full and complete cargo which is to be brought to and taken from alongside at Merchant's Risk and Expense, and not exceeding what she can reasonably stow and carry over and above her tackle, apparel, provisions, and furniture...
Side 60 - We think that the true rule of law is that the person who, for his own purposes, brings on his land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril; and if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape.