JUDGMENT

RAY, C. J. :—These appeals are by certificate from the judgment and decree of the High Court at Patna dated 13 April, 1966 and 3 September, 1968.

2. Four suits were filed by Sugauli Sugar Works Ltd., for recovery of money on account of non-delivery of consignments. Two suits were filed by Majhaulia Sugar Works for recovery of money on account of non-delivery of two consignments. The suits were filed in the Court of the Subordinate Judge, Motihari in Bihar.

3. The plaintiffs are respondents. The case of the respondents was that goods were booked on 5 September, 1955 to several destinations under railway risk. The goods did not reach the destinations. The respondents alleged that non-delivery was on account of gross negligence and misconduct on the part of the Railways.

4. The defence was that the wagons containing the goods in suit along with other wagons were taken on Barge No. 6 from Samaria Ghat to Mokamah Ghat on 7 September, 1955. There was an accident. The Barge with all the wagons sank in the river Ganges. The Railways contended that the employees were not guilty of any negligence or misconduct.

5. The Subordinate Judge dismissed all the suits and held that the accident