 Where fault on the part of one vessel is established by uncontradicted testimony, and such fault is, of itself, sufficient to account for the disaster, it is not enough for such vessel to raise a doubt with regard to the management of the other vessel....  The JAG Journal - 123. lappuse1964Pilnskats - Par šo grāmatu
 | 1910 - 826 lapas
...Ed. 84, in which it was said: "Where fault on the part of one vessel is established by uncontradlcted testimony, and such fault Is of itself sufficient...such other vessel should 'be resolved in its favor." We think the fault of the Manzanita is well established by the circumstances disclosed in the evidence,... | |
 | David Wright Smith - 1910 - 364 lapas
...Court of the United States, that where gross negligence on the part of one vessel has been established it is not enough for such vessel to raise a doubt with regard to the management of the other vessel, and any reasonable doubt with regard to the propriety of the conduct of such other vessel should be... | |
 | David Wright Smith - 1910 - 372 lapas
...United States, that where gross negligence on the part of one vessel has been established it isnot enough for such vessel to raise a doubt with regard to the management of the other vessel, and any reasonable doubt with regard to the propriety of the conduct of such other vessel should be... | |
 | Walter Edwin Lear - 1911 - 578 lapas
...sufficient to ac07] AC Argument in Supreme Court of Canada. count for the disaster, it is not enough fpr such vessel to raise a doubt with regard to the management of the other vessel. There is at least some presumption adverse to its claim, and any reasonable doubt with regard to the propriety... | |
 | Arthur Percival Will, Edward William Tuttle - 1912 - 1044 lapas
...378, 380; The Kurope, 175 Fed. 596. 607. 69. "Where fault on the part of one vessel is established by uncontradicted testimony, and such fault is. of...sufficient to account for the disaster, it is not enouph for such vessel to raise a doubt with recrard to the management of the other vessel. There is... | |
 | 1913 - 308 lapas
...of the " giving- way " ship. 6. In a collision where fault on the part of one vessel is established by uncontradicted testimony and such fault is of itself sufficient to account for the disaster, the raising of a doubt with regard to the management of the other vessel furnishes no basis in law... | |
 | 1917 - 1220 lapas
...part of one vessel, sufficient to account for a collision, is establiehed by nncontradicted evidence, it Is not enough for such vessel to raise a doubt with regard to the management of the other vessel, but the latter should have the benefit of any reasonable doubt with regard to the propriety of its... | |
 | Canada. Exchequer Court - 1909 - 508 lapas
...is thus stated in The City of New York (3) : " Where fault on the part of one vessel is established by uncontradicted testimony, and such fault is, of...conduct of such other vessel should be resolved in its favour." Again in The Umbria (4), the rule is thus set forth : " Indeed so gross was the fault of the... | |
 | 1925 - 1106 lapas
...211, 216 (37 L. Ed. 84). The court there said: "Where fault on the part of one vessel is established by uncontradicted testimony, and such fault is, of...such other vessel should be resolved in its favor." [6] This rule has been adhered to in numerous cases since decided. The Victory, 168 US 410, 423, 18... | |
 | 1908 - 1052 lapas
...211, 216, 37 L. Ed. 84, that : "Where fault on the part of one vessel is established by uncontradlcted testimony, and such fault is. of itself, sufficient...such other vessel should be resolved in its favor." Following this is the case of The Umbria, 166 US 404, 17 Sup. Ct. filO, 41 L. Ed. 1053, where it is,... | |
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