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" 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 - Page 123
1964
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 59-60

1894 - 2072 pages
...account for the disaster, without which it would not have happened, "it is not enough for such Tessel to raise a doubt with regard to the management of...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...
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The Supreme Court Reporter, Volume 13

1893 - 1094 pages
...sailing vessel should be clear and convincing. Where fault on the part of one vessel la established by uncontradicted testimony, and such fault is, of...such other vessel should be resolved In Its favor. Taking the finding ol the circuit court, that the course of the barque was about NE, m connection with...
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United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

1902 - 832 pages
...A, 492 | 6. Suits for damages. Where fault on the part of one vessel for a collision is established by uncontradicted testimony, and such fault Is of...with regard to the management of the other vessel, but any reasonable doubt as to whether the fault of the latter contributed to the collision should...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 147

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1893 - 774 pages
...its location is definitely ascertained. //.-. 6. Where fault on the part of one vessel is established by uncontradicted testimony, and such fault is, of...with regard to the management of the other vessel. Ib. See JURISDICTION, A, 5. ADVERSE POSSESSION. See UNITED STATES, 5. APPEAL. See MANDAMUS. APPRAISERS....
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 147

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1893 - 770 pages
...its location is definitely ascertained. Ib. 6. Where fault on the part of one vessel is established by uncontradicted testimony, and such fault is, of...with regard to the management of the other vessel. Ib. See JURISDICTION, A, 5. ADVERSE POSSESSION. See UNITED STATES, ix APPEAL. See MANDAMUS. APPRAISERS....
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 147

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1893 - 776 pages
...location is definitely ascertained. Where fault on the part of one vessel is established by ancontradicted testimony, and such fault is, of itself, sufficient...with regard to the management of the other vessel. THIS was a libel by the owners of the British barque Helen against the American steamship City of New...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 157

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1895 - 760 pages
...said in The City of 3eu> York, 147 US 72, 8o : " Where fault on the part of one vessel is established by uncontradicted testimony, and such fault is, of...some presumption at least adverse to its claim, and cany reasonable doubt with regard to the propriety of the conduct of such other vessel should be resolved...
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Harvard Law Review, Volume 9

1896 - 590 pages
...overcome it. It is not enough for the vessel whose fault is sufficient to account for the collision "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...
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United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

1900 - 812 pages
...Fed. 332 40 C. 0. A. 386 ยง 5. Suit* for damage*. Where fault on the part of one vessel is established by uncontradicted testimony, and such fault is of itself sufficient to account for the collision. It Is not enough for such vessel to raise a doubt with regard to the management of the other...
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Commentaries on the Law of Negligence in All Relations: (including a ...

Seymour Dwight Thompson - 1905 - 1626 pages
...not have done so.12 Where the fault of one vessel is established by uncontradicted testimony, and the fault is of itself sufficient to account for the disaster,...with regard to the management of the other vessel, but, on the contrary, any reasonable doubt as to whether the fault of the latter contributed to the...
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