HARI RAMCHANDRA NAVARE Vs. GIPRYCO

JUDGEMENT

(1.) The plaintiff in this case sued the G.I.P. Railway Co., for the value of the goods which consisted of goat skins consigned by him at Ahmednagar on the 11th July, 1921, for despatch to Poona, It appears that instead of the bags containing the goat skins some other consignment of 9 bags containing sheepskins reached Poona. These 9 bags were offered to the plaintiff, but he naturally declined to accept them. Ultimately the Railway Co. sold these 9 bags containing sheep-skins and realised Rs. 140.

(2.) The plaintiff's claim was for Rs. 932-8-0 as representing the value of goods lost through the negligence of the Railway Company. The Company put the plaintiff to the proof of the value of the goods, and also contended that on account of the non-observance by the plaintiff of Rule 34-A the Company was not liable. There was some confusion in the identification and the marking of the goods at Ahmednagar. As a result of these pleadings the following four points were raised for decision: 1. Were plaintiff's bags correctly marked 48? 2. Were bags marked 48 not plaintiff-s?

(3.) What is the value?