( 1 ) THIS is a second appeal by a plaintiff whose suit for damages against the Governor. General in council through the East Indian and Oudh and Tirhut Railways, has been dismissed by the courts below.

( 2 ) THE facts are these: The appellant, which is a registered firm carrying on business at firozabad, booked on 1st September 1941 a consignment of glass bangles from Firozabad on the e. I. Railway to Hajipur on the O. T. Railway. Kanpur lies on the way from Firozabad to hajipur, but there are two alternative routes between Firozabad and Kanpur and again two alternative routes between Kanpur and Hajipur. The shorter route between Firozabad and Kanpur is the direct broad-gauge route; the alternative route is via Farrukhabad and longer. There is broad-gauge route between Firozabad and Farrukhabad and meter gauge route between farrukhabad and Kanpur. The shorter route between Kanpur and Hajipur is via Mokameh; there is broad-gauge between Kanpur and Mokameh and meter, gauge between Mokameh and hajipur. The alternative route via Lucknow and Sitapur is longer, but is entirely meter-gauge, the glass bangles were not packed in anything; they were made into garlands by passing a