RAMACHANDRA.IYER, KUNHAMED KUTTI
P. K. Kalasami Nadar – Appellant
Versus
K. Ponnuswami Mudaliar and others – Respondent
RAMACHANDRA IYER, J.:- Ponnuswami Mudaliar, the first respondent, purchased at Koilpatti through his agent the 2nd respondent, 26 boras of karunganni cotton, and entrusted it on 5-8-1952 to the appellant who runs a lorry service for transport of goods as a common carrier, for being carried and delivered at Coimbatore. The lorry hire was to be paid at the destination. The goods were loaded in the lorry of the appellant, and it commenced its journey on the same day. While the lorry was passing near Oddanchatram, a place in the Madurai District, it was noticed that the cotton bales had caught fire, the origin and cause of which is not being ascertainable from the evidence. Efforts were made to put down the fire; but without success. The driver and D.W.1 were able to salvage two or three boras of cotton at great personal risk; the rest was entirely consumed by the fire. The appellant did not even deliver to the first respondent 1 the salvaged cotton. In these circumstances, respondents I and 2 instituted the suit, out of which the appeal arises, for recovery of a sum of Rs.6730-13-6 with subsequent interest as damages for the loss of goods. The claim was mainly rested on the p
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