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East Indian Railway Company Vs. Kushabram Gopiram - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Reported inAIR1925Cal518
AppellantEast Indian Railway Company
RespondentKushabram Gopiram
Excerpt:
- .....of total loss of any complete consignment or a complete package. the consignment was covered by a risk note known as risk note b, under which the company is liable only for the loss of a complete consignment or of one or more complete packages. the plaintiff's case was that they got the bags, but that they were damaged by being exposed to rain in transit. this point came up for decision before this court on many occasions and it was decided that, having regard to the risk note b the company is liable only for the loss of a complete consignment or of one or more complete packages. there being no such loss in this case the decree passed by the small cause court judge must be held to be wrong. the rule is, therefore, made absolute, the order passed by the small cause court judge, set aside.....
Judgment:

Suhrawardy, J.

1. In this case the claim was for damages caused to 24 bags of flour consigned by the opposite party through the Railway Company. There is no case of total loss of any complete consignment or a complete package. The consignment was covered by a Risk Note known as Risk Note B, under which the company is liable only for the loss of a complete consignment or of one or more complete packages. The plaintiff's case was that they got the bags, but that they were damaged by being exposed to rain in transit. This point came up for decision before this Court on many occasions and it was decided that, having regard to the Risk Note B the company is liable only for the loss of a complete consignment or of one or more complete packages. There being no such loss in this case the decree passed by the Small Cause Court Judge must be held to be wrong. The rule is, therefore, made absolute, the order passed by the Small Cause Court Judge, set aside and the plaintiff's suit dismissed with costs. The petitioner is entitled to the costs of this Rule. I assess the hearing fee at one gold mohur.


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