JUDGMENT

Kanhaiya Lal, J. - The plaintiffs are a firm of drapers, carrying on business at Naini Tal. On the 7th of August 1918 a consignment of cloth, weighing 26 seers, was sent by the firm of Chandu Lal-Munna Lal from Meerut to Naini Tal. The parcel arrived at Naini Tal on the 10th of August 1918; but the plaintiffs found that it weighed only 10 seers. On the 16th August 1918 they wrote to the defendant Railway, Company to give them open delivery as early as practicable. The Station Master states that he told the consignee to write to his head office, as he was not authorised to give open delivery. About wo or three weeks later Mr. Vaughan, the Manager of Messrs. Smith, Rodwell & Co., came to the Railway premises and, according to the Station Master, the parcel was opened in his presence and was found to contain two pieces of cloth. The consignee said that there ought to have been three pieces and wrote on the Railway Receipt that out of three pieces one piece was wanting, but Mr. Vaughan, who was acting for the defendant Railway Company, refused to deliver the parcel until a note was made to the effect that the package was in good condition. The consignee refused to make that not