( 1 ) A commuter gets down at Rajkot Railway Station. He paces towards his office through Kothi Compound. Though a "fine Weather Day" a tree suddenly falls upon and kills him. The heirs of the victim sue the rajkot Municipal Corporation in damages and that too sucessfully. We understand, the amount has been paid. The Rajkot Municipal Corporation appeals. The question posed is - Could the Corporation have been held liable in damages for negligence ? The ultimate answer would depend upon a few offshoots - Was there a duty to take care ? Was that duty breached by the Corporation ? Was there a "reasonable Foreseeability" ? Could the "risk" have been "foreseeable" by the Corporation by resorting to a reasonable standard of care ? Let us examine :

( 2 ) ONE Jayantilal Nakum, a resident of village Padadhari used to work at rajkot as a clerk in the office of director of Industries situated in the Collectors office compound. The deceased used to commute between Padadhari and Rajkot by train. On 25-3-1975 at about 10 a. m. he had got down from the train at rajkot Railway Station and later on was proceeding towards his office. He was to cover an area known as Kothi Compound. Whil