MADHOSINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS is an appeal by Thakur Madho Singh against the judgment and decree of the Civil Judge Balotra and has arisen in the following circumstances.

(2.) THE appellant brought a suit against Mr. Rawlins, General Manager, Jodhpur Railway, Jodhpur, in 1945. His case was that five of his mares had been run over by a railway train on the night between the 27th and 28th of July, 1943. Four of them died, while the fifth was rendered more or less unless Consequently Rs. 9,000/- were claimed as damages for the loss.

(3.) IN Ismail Haji Nana Mafat V. B. B. & C. I. Ry (11), it was held that a Railway Company was not liable for damages to a trespasser for a mere error of judgment (such as failure to blow whistle) even amounting to negligence on the part of its servant which caused damage to the trespasser. The company would be liable only if the servant acted in wilful disregard of the safety of the trespasser.