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
| 1897 - 1060 lapas
...the part of the sailing vessel should be clear and convincing. Where fault 011 the part of one vessel is, of itself, sufficient to account for the disaster,...such other vessel should be resolved in its favor." And see The City of Paris, 9 Wall. 634; The John L. Hasbrouek. i>3 US 405; The Maggie J. Smith, 123... | |
| 1904 - 1060 lapas
...Ct. 211, 216, 37 L. Ed. 84. "Where fault on the part of one vessel is established by uncontradlcted testimony, and such fault is, of itself, sufficient...with regard to the management of the other vessel." In The Oregon, 158 US 186, 197, 15 Sup. Ct. 8.04, 809, 39 L. Ed. 943, the same principle is re-affirmed,... | |
| 1894 - 1036 lapas
...plainly suflicient to account for the disaster, without which it would not have THK SAALE. happened, "it is not enough for such vessel to raise a doubt...vessel; there is some presumption at least adverse to this claim, and any reasonable doubt with regard to the conduct of the other vessel should be resolved... | |
| Naval War College (U.S.) - 1925 - 246 lapas
...City of New York, 147 US 72, at p. 85 Mr. Justice Brown said: VESSELS: OWNERSHIP, CHARTER, AND SERVICE sufficient to account for the disaster, it is not...with regard to the management of the other vessel." The Conner did not stop her engines when the commander "thought" he heard a whistle when proceeding... | |
| 1913 - 1148 lapas
...should be clear and convincing. Where fault on the part of one vessel Is established by uncontradlcted testimony, and such fault Is, of Itself, sufficient to account for the disaster, It IB not enough for such vessel to raise a doubt with regard to the management of the other vessel."... | |
| 1909 - 1034 lapas
...view of the rule that, where the fault of one vessel Is clearly established, It Is not enough for her to raise a doubt with regard to the management of the other. [Ed. Note. For other cases, see Collision, Cent. Dig. § 84; Dec. Dig. ! 66.*] Appeal from the... | |
| United States. Department of State - 1929 - 896 lapas
...is clearly shown and such fault is sufficient to account for the disaster (as it was in this case), 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... | |
| 1923 - 248 lapas
...of New York, 147 US 72, at p. 85 Mr. Justice Brown said: VESSELS : OWNERSHIP, CHARTER, AND SERVICE sufficient to account for the disaster, it is not...with regard to the management of the other vessel." The Conner did not stop her engines when the commander "thought" he heard a whistle when proceeding... | |
| United States. Congress. Senate. Committee on Commerce - 1975 - 668 lapas
...See, eg, The City of New York, 147 US 72, 85: "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." See also The Victory and the Plymothian, 168 US 410; The Umbria, 166 US 404; The Oregon, 158 US 186;... | |
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