( 1 ) THIS second appeal is directed against a decree of the learned Distant Judge of Darjeeling by which he affirmed the decree of the learned Subordinate Judge awarding Rs. 1170/- as damages on account of the loss of a consignment of a tea booked by the plaintiff-respondent for carriage by the defendant-appellant, the Air Carrying Corporation, from Darjeeling to Calcutta.

( 2 ) THE plaintiff's case was that the defendant Corporation failed to deliver the goods at their destination, on account of its negligence. The defence was that the loss was due to an act of God, or the accidental destruction of the air-craft by which the goods were being transported. It is the concurrent finding of both the Courts below that the loss of the plaintiff's goods has been occasioned by the negligence of the defendant Corporation and not an act of God, and the learned Advocate for the defendant-appellant has confined his argument to a question of law, namely, that even assuming that the loss of the goods was due to the negligence of the Corporation, it was not liable in view of the special contract, to wit, the terms of note 2 to the consignment from subscribed by the plaintiff, which