 | 1877 - 780 páginas
...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,... | |
 | Reginald Godfrey Marsden - 1880 - 376 páginas
...America as to the effect of an infringement of the Regulations is identical with that of this country : " Where a ship, at the time of collision, is in actual...fault might not have been one of the causes, or that c2 Owner's liability as carrier. Case of " inscrutable fault." Proof of negligence is not always necessary... | |
 | 1887 - 1910 páginas
...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.... | |
 | 1919 - 2026 páginas
...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,... | |
 | Reginald Godfrey Marsden - 1880 - 380 páginas
...that the fault, if not the sole cause, was at least a contributory cause of the collision. In sur'ha case the burden rests upon the ship of showing, not...fault might not have been one of the causes, or that c 2 GENERAL RULES. Owner's liability aa carrier. Cue of " inscrutable fault." Proof of negligence is... | |
 | Reginald Godfrey Marsden - 1885 - 616 páginas
...Ameriea as to the effeet of an infringement of the Regulations is identical with that of this country: "Where a ship, at the time of collision, is in actual...probably was not, but that it could not have been." The same ship was in this country held free from fault: see The Pennsyleania, 3 Mar. Law Cas. OS 477.... | |
 | United States. Supreme Court - 1885 - 914 páginas
...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 páginas
...America as to the effect of an infringement of the Regulations is identical with that of this country: "Where a ship, at the time of collision, is in actual...probably was not, but that it could not have been." The same ship was in this country held free from fault : see The Pennsylvania, 3 Mar. Law Cas. 0. S.... | |
 | Reginald Godfrey Marsden, John William Mansfield - 1891 - 744 páginas
...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,...probably was not, but that it could not have been." The same ship was in this country held free from fault : see The Painsyleania, 3 Mar. Law Cas. OS 477.... | |
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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... 
