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1949 Supreme(Mad) 422
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr. Justice Panchapakesa Ayyar.
M. Venkataswami, In re. .....In Re.
Crl. R.C. No. 1572 of 1949. (Crl. R.P. No. 1489 of 1949).
Decided On : 30 November 1949
Advocates:
B. Lakshminarayana and S. Subbiah Chowdry for Petitioner.
B. Lakshminarayana and S. Subbiah Chowdry for Petitioner.
Liability of Railway servant for throwing down passenger’s goods.
Headnote:Railways Act, 1890-Section 120 -Liability of Railway servant for throwing down passenger’s goods and damaging them.
Order
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I see no reason to interfere in revision in this case. Hurling down a bundle of bangles of a fellow passenger and breaking them will not allow a passenger, even though he is a railway official travelling in the train, not liable under section 120 of the Railways Act, as such an act is not an act done or doable by a railway servant as such and the ruling in Gurunath Shankar v. Emperor1, will not apply. There is no illegality or failure of justice in this case.
The petition is dismissed.
K.C. ----- Petition dismissed.
