Judgement

G. C. DAS, J. :- This appeal by the plaintiff is directed against the judgment of the Subordinate Judge of Cuttack dated March 12, 1954, dismissing his suit, (M. S. No. 132 of 1952).

2. The plaintiff commenced the aforesaid suit for recovery of Rs. 5986-13-9 pies as damages from the Bengal Nagpur Railway and East Indian Railway Administration on the ground that certain damages to his goods consigned at Kanpur was caused by delay due to negligence and misconduct on the part of the Said railway administrations. Shortly stated, the facts are these : One Sankar Das Kailash Chandra consigned 187 bags of potatoes in a closed wagon from Kanpur Central Railway station under R/R No. 284444, invoice No. 5 dated April 26, 1951, for delivery to the plaintiff at Cuttack Railway Station.

According to the plaintiff this consignment was due to arrive at the destination within seven days but actually it arrived after a period of 11 days on account of the gross negligence and misconduct on the part of the defendants. As a result of this un-usual delay the contents had deteriorated, damaged and rendered unfit for human consumption. The consignment arrived at the Cuttack Railway Station on May