GIRJASHANKAR DAYASHANKAR VAIDYA Vs. BBAND CIRAILWAY

JUDGEMENT

(1.) The appellant before us was the plaintiff in the Court below, his suit having been dismissed by Kajiji J. The plaintiff, who is a managing clerk in a firm of Bombay Solicitors, brought the suit to recover damages from the defendant railway company, on account of the wrongful and tor tious acts of their servants, an engine-driver and a guard.

(2.) Owing to various admissions made by the parties at the trial, the facts have not been elicited from the witnesses with the usual completeness, but there can be no doubt upon the record what the essential facts are, and Mr. Campbell for the railway company did not press his attempt to give to them any other complexion than that which appeared to the learned trial Judge. These facts are as follows :- On the night of the 18th March 1916, the plaintiff was a third class passenger in one of the defendant s trains. The plaintiff s compartment was greatly overcrowded to the inconvenience and discomfort of the occupants. After ineffectual efforts to obtain assistance from the guard or the station master at a station, the plaintiff stopped the train by pulling the communication chain. The train was re-started, but no other incident then occurred, nor was any step taken to relieve the overcrowdedness of the compartment. Consequently when the train had gone some little distance further on its journey, the plaintiff again stopped it by pulling the communication chain. Thereupon the driver and the guard got down from the train: the driver pulled the plaintiff out of the compartment and cuffed and slapped him, the guard assisting in this assault. The degree of violence used is not now material: it was, I think, probably not much, but the assault is admitted, and the plaintiff naturally resents the indignity and affront to which he was subjected. The plaintiff was arrested by the driver and guard at Dadar station, where he was handed over to the station master: his statement having been recorded by the Police, he was released and allowed to go on to his destination. The guard and driver were prosecuted to conviction before the Magistrate, who fined them for the assault.

(3.) The only question in appeal is whether, in the above state of facts, the railway company are liable for the wrongful acts of their servants.