R.L.Narasimham, J.

1. This is an appeal by the plaintiff against that portion of the judgment of U.N. Sinha, J. disallowing his claim in respect of the freight charges from the respondent railway. The material facts are as follows. On the 23rd, September. 1953, a consignment of 300 bags of sugar was despatched from Marhowrah Railway station on the Northeastern Railway to Tatnnagar Railway station on the Kastcrn (now South Eastern) Railway, the consignment being booked under railway risk. The plaintiff took open delivery on the 4th October, 1953, at Talanagar Railway station as there was shortage of sugar in some of the bags and also damage to several bags of sugar due to rain water entering inside the wagons. The plaintiff claimed damages from the railway at the rate of Rs. 32/8/- per maund, saying that that was the prevailing market rate at Jamshedpur. The learned trial Court, viz. Subordinate Judge, decreed his claim at the rate of Rs. 29/3/6 per maund, basing it on the actual cost price which was Rs. 27/6/6 and adding to that the railway freight at the rate of Rs. 1/5/3 per maund which was admittedly paid by the plaintiff, dunnage at the rate of Re. 0/4/3 per maund and c