S. P. MOHAPATRA, J.

( 1 ) THE plaintiffs, who were unsuccessful in both the courts below, have come with this second appeal against the confirming judgment of the lower appellate Court arising out of a suit for recovery of damages on account of the plaintiffs' having suffered damages of their articles consigned from Faruqabad to Bhadrak. The plaintiffs" version is that a consignment of 273 baskets of potatoes weighing nearly 307 maunds was despatched on 27-5-52 from Faruquabad situate in East Indian Railway at the time when the consignment was made, and the consignment reached Bhadrak the place of destination on 86-52 and the plaintiffs when taking delivery of the goods on 9-6-52 found that 100 baskets had suffered damages to the extent of 80 per cent, another 100 baskets to the extent of 40 per cent and the rest 73 baskets to the extent of 35 per cent. The plaintiffs therefore levied the claim at Rs. 2445/ -. The plaintiffs aver that the damages were on account of the delay and negligence on the part of the railway employees. The defence was that there was no negligence or delay in the transit of the goods; on the contrary the plaintiffs paid a lower rate and acknowledged that th