( 1 ) THE salient facts involved in this appeal are not in dispute. A consignment of 222 bags of potatoes weighing 444 maunds was despatched from Patna Ghat railway station on the Eastern Railway on 2nd May, 1950, to Mograhat railway; station, the consignor being one Lakhi Chand Sha and the consignee being Mohatam Ram Subedau Singh. The goods were loaded in a wagon with an iron floor on the consignor's responsibility who also duly executed risk note in forms A and B. The wagon was attached to Down goods train No. 214 and when that train reached Jhanja station on 4th May, 1950, the wagon containing the potatoes was deiached and detained at that station till 11th May, 1950, on which date it was attached to another goods train. The consignment ultimately reached Mograhat station on 15th May, 1950, when the Station Master found that the entire stock of potatoes had decomposed so much that the potatoes were totally unfit for human consumption. Thereafter the potatoes were destroyed under the orders of the Health Officer of Mograhat and made over to West Bengal Government for purposes of manure.

( 2 ) UPON the above admitted facts the plaintiff contended that the