Judgment

DAS GUPTA, J. : This appeal is from the judgment and decree of the High Court of judicature Assam affirming the judgment and decision made by the Subordinate judge of Upper Assam Districts, in a suit brought by the respondent Shyamsundar Tea Co,, Ltd., against the present appellants. The appellant companies are joint owners of Steamer service between Dibrugarh and Calcutta. The main service is along the Brahmputra River, Desang is one of the tributaries of the Brahmputra and meets the main stream Desangmukh Ghat. The plaintiff s case in the plaint was that the defendant companies as common carriers received goods at Dillibari Ghat which is situated on the Desang about 70 miles up-stream from Desangmukh Chat for carriage "therefrom by boats to Desangmukh Ghat and then by their steamers to different stations on dayment of freight." It is further the plaintiff s case that on Sept, 10, 1946, the plaintiff company delivered 120 chests of tea to the defendants at Dillibari Ghat for carrying therefrom and delivery of the same at Kidderpore in Calcutta. The boat carrying these tea chests sank; the tea chests were lost and could not be salvaged. The accident was, according to the pl