JUDGMENT

Suhrawardy, J. - This is an appeal by the Secretary of State representing the E.I. Ry. Co., arising out of a suit for the price of goods lost in transit by the railway company. The plaintiff's case is that he sent two consignments of ''Benares cloths" from Moghal sarai to Howrah under two prepaid railway receipts, one consignment consisting of one parcel and the other containing two parcels, for street delivery in the city of Calcutta. The first consignment consisting of one parcel was entirely lost and one of the parcels of the second consignment was also lost. Only one parcel of the second consignment was delivered to the consignee. On these facts the plaintiff claimed damages as the value of the goods lost while in the custody of the railway company. The defendant raised various objection's on which two main issues arose and were tried by the Court below: (1) whether the missing packages did not contain silk of the value of more than Rs. 100 in each of the consignments.; and (2) whether the defendant did not fail to do his duties u/s 151, Contract Act. The learned Subordinate Judge in the trial Court found on issue 2 that the loss was due to the negligence and carelessne