( 1 ) THESE are two connected appeals by the deft, the Covernor-General in Council arising out of two suits for recovery of loss suffered by the pltf.-resp. firm. The facts are that in S. A. No. 113 of 1948, arising out of suit No. 773 of 1944, the pltf. firm delivered one bale of cloth to the railway at Wadi Bunder for carriage to Basti for delivery to the pltf. This bale was received at basti railway station on 11-6-1943. It was in a loose condition when it reached its destination. In the other suit, i. e. , No. 774 of 1944, which has given rise to S. A. No. 112 of 1948 one bale of cloth was delivered to the Bombay- Baroda and Central India Railway at Ahmedabad on 1-5-1943 for carriage to Basti for delivery to the pltf. This bale reached its destination on 11-5-1943, one month earlier than the previous bale, but was in a damaged condition. On or about the dates when the bales arrived at Basti, the pltf. asked the railway clerk in charge of making delivery at basti to give open delivery of the bales. The railway clerk said that he would for ward the request to the authorities, because, according to him, open delivery could only be made in the presence of the Traffic I