P. C. BANERJI
East Indian Railway – Appellant
Versus
Firm Inderman Tulshi Ram – Respondent
JUDGMENT
P.C. Banerji, J. - The admitted facts of this case are these, A consignment of 182 bags of maize was made at Barnala Railway Station on the North Western Railway for despatch to the plaintiffs at Aligarh, The goods were despatched from that station on the 5th of January 1920, the date on which the consignment was made. They had to be carried over a part of the East Indian Railway and the goods had to pass two junction stations, namely, Allal Junction and Delhi Junction. They arrived at Aligarh on the 30th of January and were delivered to the plaintiffs on the 4th of February 1920. In the meantime, the market had fallen and the plaintiffs state that by reason of the delay in the delivery of the goods they sustained loss and accordingly they claimed damages from both the Railway Companies. It was admitted on behalf of the Railway that, ordinarily, it takes from 7 to 10 days for any consignment delivered at Barnala to arrive at Aligarh. So that, admittedly, there was a delay of at least 15 days. It was urged in the Court below on behalf of the defendants' that there was no specific time agreed upon for the delivery of the goods, and that, therefore, the defendants were not res
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