Sadasiva Aiyar, J.

1. Though my learned brother has prepared a separate judgment dealing fully with the facts and the law, I thought that I should add a judgment of my own as the questions raised are important and as I am differing from the conclusions arrived at by the majority of the Full Bench in Sheik Mahomed Ravuther v. The British India Steam Navigation Co. Ltd. (1908) I.L.R. 32 M. 95. The defendant in this case is the powerful company well known as the British India Steam Navigation Co. The legal questions we have to consider are: --

(a) whether they are common carriers,

(b) whether the English common law relating to carriers by sea applies to them or the provisions of the Indian Contract Act relating to bailees,

(c) if the English common law applies to them, whether the defendants are wholly absolved from liability for the loss caused by the negligence of their agents employed to carry in boats the goods of the plaintiff (consignee) from the mooring place of the steamer to the plaintiffs jetty in the port of Cochin, owing to the defendants having protected themselves from liability from such loss by appropriate clauses in the Bill of Lading.

(d) whether those general cla