( 1 ) ON 15th September 1953 the plaintiff delivered to the defendant 20 cases of John Peel Magnum cigarettes for carriage by air from Calcutta to Madras for reward of Rs. 384. 50 np. which was duly paid to the defendant. By a consignment note No. 7072049 dated 15-9-1953 the defendant acknowledged receipt of the goods. At the back of the consignment note the conditions of carriage are set out which it appears were accepted by the plaintiff. It is not disputed that the goods were in perfect condition when they were handed over to the defendant for despatch. The plaintiff's Case is that on 17th September 1953 when the goods were, offered to them by the defendant at the destination they were found to be severely damaged and completely soaked in water so as to be beyond salvage and as the goods were a total loss they refused to take delivery. It is stated that the nature of damage to the goods was unusual in transactions of carriage by air and was caused by misconduct and/or negligence of the defendant and/or their servants as was apparent from the conditions of the goods when they reached Madras. The plaintiff claims that in the circumstances they have suffered damages,