Judgment Search Results Home > Cases Phrase: inevitable accident Court: uk supreme court Page 1 of about 6,606 results (0.088 seconds)

Union of India (Uoi) and ors. Vs. Sugauli Sugar Works (P) Ltd.

Court : Supreme Court of India

Reported in : AIR1976SC1414; (1976)3SCC32; [1976]3SCR614; 1976(8)LC328(SC)

..... the high court held that the barge sank because of serious negligence of the railway employees and it was not a case of inevitable accident. ..... the high court found that resul, the sarang of 'chapra' was responsible for the accident because he had failed to exercise proper judgment while manoeuvring his own vessel for the purpose of heaving up the anchor of barge no ..... the high court held that it was not a case of unavoidable accident and that the barge sank because of gross negligence of railway employees and the railways did not take the amount of care which it was required to take as a bailee.14 ..... the subordinate judge dismissed all the suits and held that the accident was not because of the negligence of the railway employees.6. ..... section 83 provides that if there is any accident attended with loss of human life or grievous hurt with serious injury to property notice shall be given to various persons ..... the time of the accident was at about 2.20 p.m ..... rule 18 of the railway board rules provides that whenever an accident has occurred in the course of working a railway, the agent or manager shall cause an enquiry to be promptly made by a committee of railway officers (to be called a joint enquiry) for the thorough investigation of the cases which led to the accident. ..... 84 confers power on the central government to make rules for several purposes including the purpose of prescribing the duties of railway servants, police officers, inspectors and magistrates on the occurrence of an accident. .....

State Of Up Through Secretary (excise) Vs. M/s Mcdowell And Company Li ...

Court : Supreme Court of India

..... department over the distillery and godown: effect of............50 negligence.................................................................................................................................52 act of god...................................................................................................................................56 inevitable accident................................................................................................................61 res ipsa loquitur....................................................................................................................63 the respondent company remains liable...............................................................65 insurance coverage only ..... of department over the distillery and godown: effect of............50 negligence.................................................................................................................................52 act of god...................................................................................................................................56 inevitable accident................................................................................................................61 res ipsa loquitur....................................................................................................................63 the respondent company remains liable...............................................................65 insurance coverage .....

The Morning Light

Court : US Supreme Court

..... reported cases where it has been held that collisions occurring in consequence of the darkness of the night and without fault on the part of either party are to be regarded as inevitable accidents are numerous, and inasmuch as there is no conflict in the adjudications, it is not thought necessary to do much more than to refer to some of the leading cases upon ..... 11 ] regarding these cases as sufficient to show that a collision resulting from the darkness of the night and without the fault of either party is properly to be regarded as an inevitable accident, we forbear to pursue the investigation, and wish only to add that we have no doubt the case was correctly decided in the circuit court. ..... on the other hand, the defense is placed chiefly upon the ground set up in the answer that the collision was the result of inevitable accident, but the respondents also contend that the vessel of the libellants was in fault because she unnecessarily attempted to go about and change her course while she was under the bows of the ..... the district court held that the evidence showed a case of inevitable accident between the two vessels, or if there was, at the time of the collision between the two vessels, any culpable inattention or misconduct which conduced to produce the collision, the fault therein was a common one ..... [ footnote 8 ] different definitions are given of what is called an inevitable accident, on account of the different circumstances attending the collision to which the rule is to .....

Viterbo Vs. Friedlander

Court : US Supreme Court

..... " the louisiana code, following the french law and the code napoleon, recognizes two kinds or degrees of what, under various but equivalent names, has been called vis major, cas fortuit, irrestible force, inevitable accident, or unforeseen event; the one, ordinary, which might have been foreseen by any man of common prudence as not unlikely to happen at some time; the other, extraordinary, which could not have been foreseen, or expected to occur at ..... , and the lessee is entitled to have the lease annulled, notwithstanding the provision of article 2743 (2714) that the tenant of a predial estate cannot claim an abatement of rent for a destruction of the whole or a part of his crop by inevitable accidents, unless they are of such a nature that they could not have been foreseen by either party when the lease was made. ..... the landlord bound, without any express covenant, to keep it in repair and otherwise fit for use and enjoyment for the purpose for which it is leased, even when the need of repair or the unfitness is caused by an inevitable accident, and, if he does not do so, the tenant may have the lease annulled, or the rent abated. ..... thing leased, and holds the landlord bound, without any express covenant, to keep it in repair and otherwise fit for the use for which it is leased, even when the want of repair or the unfitness is caused by an inevitable accident, and if he does not do so, authorizes the tenant to have the lease annulled or the rent abated. .....

Pushpabai Purshottam Udeshi and ors. Vs. Ranjit Ginning and Pressing C ...

Court : Supreme Court of India

Reported in : AIR1977SC1735; (1977)2SCC745; [1977]3SCR372

..... to succeed in such a defence the opposite party will have to establish that the cause of the accident could not have been avoided by exercise of ordinary care and caution 'to establish a defence of inevitable accident the defendant must either show what caused the accident and that the result was inevitable, or he must show all possible causes, one or more of which produced the effect, and with regard to each of such ..... though the opposite parties had pleaded that this is a case of inevitable accident they have not led any evidence to establish their plea. ..... opposite parties pleaded that the incident was as a result of inevitable accident and not due to any act of rashness or negligence ..... us the plea of inevitable accident was not raised. ..... to prove the inevitable accident. ..... it cannot help concluding that the dashing of the car against the tree was most violent and that it was for the respondents to establish that it was a case of inevitable accident. ..... wife and the claimants 2 to 8 are the children of one purshottam tulsidas udeshi who met with his death in a motor car accident on 18-12-1960 when he was travelling in the car which was driven by madhav-jibhai mathuradas ved, the manager of the first opponent ..... the questions that arise for consideration are whether on the facts of the case the claimants have established (1) that the accident was due to the rash and negligent driving of madhavjibhai mathuradas ved, the manager of the company, and (2) whether the incident took place during the .....

Union Steamship Company Vs. New York and Virginia S.S. Co.

Court : US Supreme Court

..... inevitable accident, as applied to cases of this description, must be understood to mean "a collision which occurs when both parties have endeavored, by every means in their power, with due care and caution and a proper display of nautical skill, to prevent the occurrence of the accident ..... inevitable accident must be understood to mean a collision which occurs when both parties have endeavored by every means in their power, with due care and caution and a proper display of nautical skill, to prevent the occurrence of the accident ..... it is not inevitable accident, as was well remarked by the learned judge in the case of the juliet erskine, 6 notes of cases 634, where a master proceeds carelessly on his voyage and afterwards circumstances arise when "it is too ..... was the result of inevitable accident. ..... part of those in charge of the injured vessel, but it is insisted in their behalf that the colliding steamer was also without fault, and that the collision was the result of inevitable accident. ..... in a collision which took place in elizabeth river, in 1855, between the steamship pennsylvania and the steamship jamestown, the pennsylvania was in fault, and the collision cannot be imputed to inevitable accident. ..... they were then less than a quarter of a mile apart, and seeing that a collision was almost inevitable, be instantly directed the alarm bell to be rung and the whistle of the steamer to be sounded, and as there was nothing more that he could do to avoid the danger, he gave warning to .....

The Mabey and Cooper

Court : US Supreme Court

..... owners of the respondent ship to file an amended answer in which they still insist that the collision was the result of inevitable accident, but of a widely different character from that described in the original answer filed more than five months earlier. ..... all which she could do was to drop her anchors with a view to stop her headway, which, however, being done, failed to bring her up; that the collision was thus the result of inevitable accident, or if not of inevitable accident then certainly that it arose from no fault of the ship or her officers or crew. ..... inevitable accident, as applied to a case of this description, must be understood to mean a collision which occurs when both parties have endeavored, by every means in their power, with due care and caution, and a proper display of nautical skill, to prevent the occurrence of the accident, and where the proofs show that it occurred in spite of everything that nautical skill, care, and precaution could do to keep ..... which of itself is a sufficient answer to the defense of inevitable accident. ..... unnecessary, as the allegation is admitted, but the respondents allege that the ship is not liable, as the collision was the result of inevitable accident. ..... off in the then condition of the wind and tide, and finally went only on the ship's owners insisting on her towing, and on their agreeing to take the risk of all accident, both ship and tug were held liable for a collision, there being in addition some evidence of faulty navigation. 3. .....

Sturm Vs. Boker

Court : US Supreme Court

..... the court below adopted the defendants' interpretation of the contract, holding that the consigned goods were at the risk of complainant; that he was responsible for their loss, although arising from inevitable accident, because he had undertaken to return them if not sold, and that, being so responsible, the defendants had a right to charge him with the value thereof and treat the policies turned over to them as collateral ..... they do not impose upon the complainant the liability to account for the value of the goods in gold in the event of loss by inevitable accident, and not being responsible for the goods, nor liable for the loss thereof, neither he nor the proceeds of his insurance policies can properly be subjected to the burden of making good either the ..... , as bailee, was exempted by the common law from liability for loss of the consigned goods arising from inevitable accident (3) that there was no undertaking in the contract on his part which took him out of the operation of the common law ..... the other hand, if the title to the goods delivered did not vest in the complainant under the terms of the consignment, or he was not responsible for the loss of the same by inevitable accident, then the court below was in error in dismissing his bill, and denying the account sought. ..... 329 even by inevitable accident, the buyer is responsible for the ..... complainant's common law responsibility as bailee exempted him from liability for loss of the consigned goods arising from inevitable accident. .....

The Clarita and the Clara

Court : US Supreme Court

..... still it is insisted by the respondents that those in charge of the steam tug were without fault; that the collision, as far as they are concerned, was the result of inevitable accident, though they insist that it might have been prevented by proper care on the part of those in charge of the schooner ..... . the owners of the tug alleged that their hawser was good enough, and that the catastrophe was an inevitable accident, and moreover that the schooner was to blame in not having had an anchor watch, who would have seen the burning vessel drifting on her and would have ..... . that the drifting of the ferry boat was not an inevitable accident, but was the result of negligence on the part of those in charge ..... unless it appears that both parties have endeavored by all means in their power, with due care and a proper display of nautical skill, to prevent the collision, the defense of inevitable accident is inapplicable to the case ..... . obviously the defense of inevitable accident finds no support in the evidence, even upon the theory assumed by the respondents, as they insist that the collision was ..... of proof is upon the respondents to show either that the steam tug was without fault or that the collision was occasioned by the fault of the schooner, or that it was the result of inevitable accident ..... run into and set on fire by the carelessness, negligence, and inattention of those who rendered the alleged salvage service, and not from any accident, nor from any fault or neglect of duty on the part of the schooner .....

The Grace Girdler

Court : US Supreme Court

..... 205 of navigation require that a vessel coming up behind on the same course as the vessel before her is bound to keep out of the way, and i cannot agree that the collision was the result of inevitable accident, as it occurred in the daytime, on smooth water, and in fair weather. ..... [ footnote 3 ] inevitable accident is where a vessel is pursuing a lawful avocation in a lawful manner, using the proper precautions against danger, and an accident occurs. ..... she alleged that it was an inevitable accident. ..... it would be a strange result if the statute should make an innocent vessel liable for an inevitable accident. ..... she ought to have seen the danger to the yacht from the approach of the ferry boat, and seeing it, ought immediately to have luffed to get more to the windward, and that if she had done so the accident would not have occurred. ..... his judgment proceeded upon the ground that the thornley was powerless to prevent the accident. ..... where fault is shown on the part of the damaging vessel, it is incumbent on her to show that such fault had in no degree the relation of cause and effect to the accident. .....