GOVERNOR-GENERAL OF INDIA IN COUNCIL Vs. SUKHDEO RAM MARWARI

JUDGEMENT

(1.) This is a defendant's second appeal from the concurrent decisions of the Courts below decreeing the plaintiffs suit for damages for short delivery.

(2.) The facts found in this case are as follows: The plaintiff, respondents consigned 600 tins of cocoanut oil to the South India Railway for delivery at Monghyr Railway Station on the East Indian Railway. The consignment had to traverse three railway systems, namely, the South Indian Railway, the Bengal- Nagpur Railway and, finally, the East Indian Railway. On reaching Monghyr, the consignment was found short by 25 tins. The plaintiffs claimed damages for this short delivery.

(3.) The suit was contested on various grounds by the defendant, representing the East Indian Railway; but it is necessary now only to consider the defence that the East Indian Railway was not liable for the loss in respect of which the claim had been made.