N M ROSHAN UMAR KARIM AND CO A FIRM CARRYING ON BUSINESS IN PARTNERSHIP Vs. MADRAS AND SOUTHERN MAHARATTA RAILWAY, CO, LTD, REPRESENTED BY ITS AGENT

JUDGEMENT

(1.) This is a suit to recover damages in the sum of Rs. 4,500 for damage done to 37 bags of goat and sheep skins consigned on 17 June, 1927, by a firm of Messrs. B. Syed Sahib and Brothers at Cuddapah for delivery to the plaintiff firm at Trichinopoly. The consignment was sent under a risk note form A. The case for the plaintiff is that when the goods had to be transhipped at Arkonam on the 20 June, 1927, on opening the waggon it was found that the said skins were loaded along with four jars of a certain acid known as formal-de-hyde and as two of these jars had broken, the skins had become wet, that on the 29 June, 1927, the goods reached Trichinopoly, that, though open delivery was insisted on, the Railway Company declined to do so and the goods were taken delivery of and when they were taken to the plaintiff's tannery and the tanning processes were commenced it was found impossible to remove the hair from the skins and the goods had become valueless and therefore the plaintiff is entitled to recover damages. In paragraph 8 of the plaint the ground of attack was alleged thus: In consequence of the negligence of the servants of the defendant company in loading the bags along with dangerous and offensive chemicals, contrary to the rules and in not taking proper care to prevent leakage of the jars, the plaintiff firm has sustained losses as detailed below.

(2.) The defence of the Railway Company is stated in paragraphs 7 and 9 of the written statement thus : Paragraph 7: Paragraph 8 is not admitted and is denied. There was no negligence as alleged on the part of this defendant or its servants. The jar contained only formal-de-hyde which is not classified as a dangerous combustible or inflammable article and there is no rule alleged requiring the same to be carried separately. The suit consignment was carried and dealt with when in custody of this defendant with all the care and caution required under law. Hence this defendant is not liable in the suit.

(3.) Paragraph 9: Further, the consignment was booked under conditions, the risk-note form A, executed by the sender and subject to the remark in the railway receipt " liable to dryage and damage" relieves the company from any liability whatsoever.