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Pundlik Udaji Jadhav Vs. S.M. Railway Company - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported inIIIInd.Cas.964
AppellantPundlik Udaji Jadhav
RespondentS.M. Railway Company
Excerpt:
railways act (ix of 1890), section 75 - liability of railway for parcel containing articles mentioned in 2nd schedule--parcel also containing other articles--whether protection extends to these. - 1. we are of opinion that the protection given by section 75 of the indian railways act ix of 1890 extends to the whole parcel in which silk goods such as are mentioned in clause (0 of the 2nd schedule are contained, whether the rest of the parcel is composed of articles mentioned in the 2nd schedule or not.2. this appears from the words of the section which draw a distinction between the articles mentioned in the schedule and the parcel or package in which they are contained, and provides that the railway administration shall not be responsible for the loss, destruction or deterioration of the parcel or package.3. we, therefore, answer the points submitted for our decision in the affirmative.
Judgment:

1. We are of opinion that the protection given by Section 75 of the Indian Railways Act IX of 1890 extends to the whole parcel in which silk goods such as are mentioned in Clause (0 of the 2nd Schedule are contained, whether the rest of the parcel is composed of articles mentioned in the 2nd Schedule or not.

2. This appears from the words of the section which draw a distinction between the articles mentioned in the Schedule and the parcel or package in which they are contained, and provides that the Railway Administration shall not be responsible for the loss, destruction or deterioration of the parcel or package.

3. We, therefore, answer the points submitted for our decision in the affirmative.


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