BANSI RAM Vs. BNWRY CO

JUDGEMENT

(1.) This is a revision from a decree of Court of Small Causes dismissing the plaintiffs suit for damages against the defendant railway company. A consignment consisting of three bundles of corrugated iron sheets was despatched from Calcutta to Deoria. Its weight as noted at Calcutta was 8 maunds 4 seers. The consignment when weighed at its place of destination was found to be 2 maunds 7 seers short in weight. The plaintiffs took delivery under protest.

(2.) The Court below has dismissed the claim holding that the plaintiffs have failed to prove wilful negligence of the defendant or misconduct of the servants of the defendant.

(3.) The risk-note which has to be considered is in form A, as recently amended. It is used when articles are tendered for carriage which are either already in bad condition or so defectively packed as to be liable to damage, leakage or wastage in transit. The consignor admitted that the goods were in such condition and agreed to hold the railway company harmless and free from all responsibility for the condition in which the aforesaid goods may be delivered to the consignee at destination and for any loss arising from the same except upon proof that such loss arose from misconduct on the part of the railway administration's servants.