JANKI DAS GOBIND RAM Vs. SECRETARY OF STATE

JUDGEMENT

(1.) This case raises an important question as to the rights and liabilities of the public and of the Railways when goods are despatched under an Owner's Risk- Note Form B. Some timber was despatched on 18 from Nimtolla station on the Eastern Bengal Railway to the Jumna Bridge station at Agra for delivery to the 1 plaintiff. Two Railways were concerned, but it is agreed that for the purposes of this case they may be treated as one Company. I shall, therefore, speak of "the Company."

(2.) The usual period of transit would be about eight days and there is no question as to what the route should have been, i.e., there is no suggestion of ordinarily alternative routes. The goods were in fact sent by the Railway Company to Jubbulpore, where by some further mistake they were delivered there to the Military Authorities.

(3.) On the 18 of September the timber was traced to Jubbulpore, recovered by the Company and re-booked to Jumna Bridge. On the 25 of September, it was delivered to the plaintiff after a Railway officer had assessed the damage at Rs. 350-6-0. The Company however refused to pay anything on the ground that the goods had been despatched under an " Owner's Risk-Note Form B."