Judgement

Appeal (No. 17 of 1927) from a decree of the High Court (October 5, 1925) reversing a decree of the Subordinate Judge of Dhulia (September 18, 1922).

Law Rep. 55 Ind. App. 67 ( 1927- 1928) Tamboli V. Great Indian Peninsular Railway C ompany 259

The appellant, who traded as Tamboli Brothers, brought a suit against the respondent to recover the value of 74 bales of cotton which he had delivered to the railway-company at Amalner station for carriage to Bombay, and which had been destroyed by fire while awaiting despatch.

The facts appear from the judgment of the Judicial Committee.

The Subordinate Judge made a decree for the plaintiff, but the decree was reversed upon appeal to the High Court (Fawcett and Madgavkar JJ.). The appeal is reported at I. L.

R. 50 B. 284,

There were concurrent findings that the cotton had been destroyed owing to the negligence of the railway company, and the only issue upon the appeal was whether the risk note afforded a defence to the suit.

1927. Oct. 31. Hon. Geoffrey Lawrence K.G. and E. B. Raikes for the appellant.

Stuart Bevan K.C. and Kenworthy Brown for the respondent company.

The arguments on behalf of the appellant appear from the judgmen