Misra, J.

1. This appeal by the plaintiff is directed against the judgment of a learned single Judge of this Court in First Appeal No. 78 of 1952, allowing the appeal from the judgment of the learned Subordinate Judge, Daltonganj. The learned Subordinate Judge passed a decree in favour of the appellant for a sum of Rs. 5578/8/9 together with costs and interest to the date of realisation, but the suit now stands dismissed.

2. The plaintiff brought the action for damages for recovery of a sum of Rs. 7,000.00 from the railway administration on account of damage caused to the plaintiffs motor-truck in an accident. The truck involved in the accident was a three-ton truck BRO 101. It was purchased by him towards the end of 1945. On the 28th of August, 1948, between 1 and 2 p.m., the driver of the plaintiffs truck, Dukhan Singh, with the cleaner, Jagdish Singh, was in the truck driving towards Barwadih station. The road along which the truck was passing ran through a level crossing known as Huter siding railway crossing at 347/6 mile west of Barwadih station.

The plaintiffs case was that the road in question was a public thoroughfare. The level crossing was made by the railway adm