1. The plaintiff sued for damages for loss of 112 muras of rice, which was entrusted for transport by the first defendant's lorry M.D.X. 1860 from the southern bank at Thekkil ferry to the plaintiff's Aletti estate. It was loaded on March 24, 1953, and was driven by the second defendant that night. Transport of rice by night along the route being prohibited, the lorry and rice were both seized at the checking station. The second defendant was eventually convicted and the rice was confiscated. The plaintiff also sought to recover charges incurred by him in transporting by headload other rice which he purchased in replacement for use in his estate. Both the defendants denied their liability and contested the suit. The Subordinate Judge decreed the suit against both, for the value of 112 muras of rice and interest thereon and disallowed the rest of the claim. The first defendant has preferred this appeal and the plaintiff has preferred a memorandum of objections against the decree.

The basis of his judgment was stated thus by the Subordinate Judge:

"The 1st defendant is liable as a common carrier for breach of the statutory duty which is absolute, and the 2nd defendant, as t