FIRM BALRAM DAS-FAKIR CHAND Vs. GIPRAILWAY COMPANY

JUDGEMENT

(1.) In this case a firm called Balram Dag Fakir Chand carrying on business at; Basra in the District of Ballia sued the Great Indian Peninsula Railway Company for compensation to the amount of Rs. 1,271-8-0 on account of the price of two bales of yarn with interest thereon on the allegation that they delivered these goods to the Great Indian Peninsula Railway Company at Victoria Terminus at; Bombay to be transported to and delivered at Basra in the district of Ballia and that the Railway Company failed to deliver the goods in accordance with their contract.

(2.) It is admitted that the goods were sent under the owner's Risk-Note B, That Risk-Note is no longer in current use but with that act we are not concerned; nor with the question of what may be the effect of our interpretation of the old rules on any new Risk-Notes that may now be in force.

(3.) It is clear that prima facie the plaintiff was entitled to recover damages against the Railway Company and the Railway Company could only escape by proving that they are freed from responsibility to the Risk-Note Form B. Next it is clear that it is for the Railway Company to establish "loss".