 | 1877 - 780 pages
...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...enforce obedience to the mandate of the statute." The Pensylvania, 19 Wallace, 125. cause of thé collision. Not only they hâve entirely failed to eslabILsh... | |
 | 1884 - 1912 pages
...it is no more than ;v reasonable presumption that the fault, if not the sole cause, was, at least, a contributory cause of the disaster. In such a case...obedience to the mandate of the statute. * * * The evidence in the present case leaves it uncertain whether, if a fog-horn had been blown on the bark,... | |
 | 1919 - 2026 pages
...collisions, it is no more than reasonable presumption that the fault, if not the sole cause, was at least a contributory cause of the disaster. In such a case...to enforce obedience to the mandate of the statute. In tho case of The Fenham, 23 Law Times, 329, the Lords of the Privy Council said: 'It is of the greatest... | |
 | 1887 - 1910 pages
...collisions, it is no more than a reasonable presumption that the fault, if not the sole cause, was at least a contributory cause of the disaster. In su'ch a case...enforce obedience to the mandate of the statute." In The Ottawa, 3 Wall. 273, "proper lookouts," as required by article 24, are described as "competent... | |
 | Reginald Godfrey Marsden - 1880 - 376 pages
...presumption that the fault, if not the sole cause, was at least a contributory cause of the collision. In such a case the burden rests upon the ship of showing,...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... | |
 | Reginald Godfrey Marsden - 1880 - 380 pages
...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... | |
 | Jan Helenus Ferguson - 1884 - 538 pages
...presumption that the fault, if not the sole cause, was at least a contributory cause of the collision. In such a case the burden rests upon the ship of showing,...probably was not, but that it could not have been."* 6 118. The International Code of Signals is iniemaiional ,., J . , ',, f . •< "? /• T Signal Code.... | |
 | Reginald Godfrey Marsden - 1885 - 616 pages
...presumption that the fault, if not the sole cause, was at least a contributory cause of the collision. In such a case the burden rests upon the ship of showing,...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 pages
...tf. In such a case the burden rests upon the ship to show, not merely that her fault might not hare been one of the causes, or that it probably was not, but that it could not have been. 7. Where both vessels were In fault, the damages, according to the admiralty rule, should be divided.... | |
 | Reginald Godfrey Marsden, John William Mansfield - 1891 - 716 pages
...presumption that the fault, if not the sole cause, was at least a contributory cause of the collision. In such a case the burden rests upon the ship of showing,...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.... | |
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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... 
