Horwill, J.

1. The plaintiffs, a father and his three minor children, have brought this suit for damages under the Fatal Accidents Act on account of an accident alleged to have been caused by the negligence of the defendants, which was responsible for the fall of a tree on a cart passing along the Narasapur Nidadavole Road, with the result that the wife and two small sons, aged three years and one year, of plaintiff 1 were killed. The amount of damages claimed was Rs. 6000. The Subordinate Judge of Ellore, who tried this suit, found that the District Board of West Godavari had been negligent in the sense that the attention of the Board had been drawn from time to time to the dangerous condition of some of the trees on this road and that they had taken no steps in spite of the complaints to out down the trees. The District Board, which was the contesting defendant, set up a plea of vis major and contributory negligence, it being alleged that the accident occurred during a very heavy storm, and that the plaintiffs were negligent in travelling along the road while such a heavy storm was raging, knowing that trees were likely to fall. Both these issues were very rightly decided