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British and Foreign Marine Insurance Co., Ld. Vs. Indian General Steam Navigation and Railway Co., Ld. - Court Judgment

LegalCrystal Citation
SubjectContract
CourtKolkata
Decided On
Judge
Reported in(1911)ILR38Cal50
AppellantBritish and Foreign Marine Insurance Co., Ld.
RespondentIndian General Steam Navigation and Railway Co., Ld.
Excerpt:
common carriers - notice of loss--carriers act (iii of 1865) section 10--waiver of notice. - lawrence h. jenkins, c.j.1. in the suit out of which this appeal arises, the learned judge, mr. justice harington, has held that there was no such notice as is required by the act. in my opinion that view was correct, nor is it possible to contend on the materials that are on the record that there was waiver of that notice. we must, therefore, so far as the decree in this suit is concerned confirm it and dismiss this appeal with costs.woodroffe j.2. i agree.
Judgment:

Lawrence H. Jenkins, C.J.

1. In the suit out of which this appeal arises, the learned Judge, Mr. Justice Harington, has held that there was no such notice as is required by the Act. In my opinion that view was correct, nor is it possible to contend on the materials that are on the record that there was waiver of that notice. We must, therefore, so far as the decree in this suit is concerned confirm it and dismiss this appeal with costs.

Woodroffe J.

2. I agree.


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