BENGAL NAGPUR RAILWAY CO LTD Vs. DHANJISHAH PESTONJI

JUDGEMENT

(1.) This Rule is directed against a decree made by the Small Cause Court Judge of Sealdah for Rs. 671 as compensation and Rs. 123 as proportionate costs in favour of the plaintiff and as against the petitioners, the Bengal Nagpur Railway Company, Limited who were the defendant No. 2 in the suit.

(2.) The plaintiff's claim related to a consignment of 65 bales of cotton piece-goods despatched from Nagpur to Sealdah, 15 of which were damaged by wet in transit.

(3.) There were two rival theories before the Court. The plaintiff's case was that the roof of the wagon in which the consignment was carried was leaky and the damage was caused by rain water entering through the leaks. The defence was that the damage was due to rain water entering through the crevices of the flapdoor. The Judge has accepted the plaintiff's version and the reasons given therefor are quite sound.