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1945 Supreme(Mad) 290

SHAHABUDDIN
The Madras and Southern Mahratta Railway by its General Manager – Appellant
Versus
Padmanabhuni China Nagiah and Company represented by its managing partner Cheedella Subba Rao – Respondent


JUDGMENT

Shahabuddin, J.

1. This civil revision petition is against the decree of the Subordinate Judge of Bapatla in a small cause suit for Rs. 662-5-0 claimed as damages in respect of a consignment of 33 tins and one box of bleaching powder handed over to the Nizams State Railway at Secunderabad for delivery to the respondent at Chirala, a railway station on the M.S.M. Railway, the petitioner. The case of the respondent-plaintiff was that of the consignment received by the Nizams State Railway, only nine tins of the bleaching powder were delivered to him at Chirala railway station and that the rest of the stuff was damaged in transit on the petitioner railway. This railway admitted that the damage was caused by fire while the wagon containing the goods was in the goodsyard of one of its railway stations. But the liability was denied on the ground that the fire was not caused owing to the negligence of the M.S.M. Railway. Its defence was that the tins of bleaching powder were loaded at Secunderabad in the same wagon with drums of turpentine and spirit, that the fire resulted from turpentine and spirit having leaked from the drums and come into contact with the bleaching powder. The



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