LAKHICHAND RAMCHAND Vs. GIPRAILWAY COMPANY

JUDGEMENT

(1.) The plaintiffs sue to recover from the defendants the sum of Rs. 10488-8-0 with interest at 9 per cent, from the 17th April 1909 as the price of 90 bales of cotton consigned at Malkapur on the 3rd of March 1909 by the second defendants for delivery by the defendants to the 1st plaintiff in Bombay.

(2.) The cotton was not delivered and on the 17th of April 1909 the plaintiffs were informed by the defendants that it had been burnt at Varangaum Station. Thirty- seven damaged bales ^ere subsequently sold and realised Rs. 3210 which sum has been paid to the plaintiffs.

(3.) The undisputed facts are that the 90 bales were placed by the defendants in waggon No. 15646 at Malkapui together with 19 bales of cotton belonging to another consignor between 5 and 7 p. m. on the 3rd of March. The doors of the waggon were then closed and sealed and the waggon was shunted to the dead end of a siding till next day On the 4th March the waggon was attached to a train which left Malkapur at 1-50 P. M. the waggon being then next to the engine. It arrived at Bodwad Station at 2-33 p. m. where five other vehicles and an incline brake were introduced between the engine and the waggon in question. At 3-40 P. M. on approaching Varangaum station smoke was seen issuing from the waggon. At that station the waggon was detached and put on a siding, the doors were opened, the cotton was found to be on fire, 39 bales were with difficulty extracted, the engine driver tried unsuccessfully to extinguish the lire by water from his engine and after thirty minutes detention having no more water to spare in his engine went on with the train to Bhusaval 8 miles distant. The bales remaining in the waggor continued burning for some hours till they were completely destroyed. At 4-10 p. m. the Station Master of Varangaure telegraphed to the Station Master at Bhusaval to arrange to send a fire pipe to put out fire of waggon 15646 and the bales in which were burning very badly. This message was received at Bhusaval at 4-30 p. m. Some hours later the Varangaum Station Master wired to Bhusawal, " Fire pump not sent yet, half the bales burnt, strong wind blowing, fire in great force, arrange sharp ". This message was received at Bhusawal at 8-30 p. m. No assistance of any kind) was, however, sent from Bhusawal.