1. A wagon load of groundnut oil was dispatched from Ingur to Rajnand Gaom at railway risk rate. A good deal of oil had leaked out. The value of the oil lost to the plaintiff was Rs. 10,632.18 nps. The plaintiff sued the Railways for the same plus proportionate railways freight and other incidental charges. The trial Judge found the Railway Administration guilty of negligence and misconduct, hut was also of the view that the consignor was equally at fault in using old and rusted tins which could give way during transit. He, therefore, decreed the plaintiff's claim for half the damages.

2. Held; The trial Court rightly pointed out that there was no defect in so far as the manner of packing was concerned. The only defect was that the containers were old and used onse. But should they have necessarily given way in transit was the question? It they gave way by joints bursting, was it due to mishandling of the wagon at the marshalling stations ? The trial Court found that the wagon was not softly handled at the marshalling stations. While the consignment was in transit, a message was received by the Station Master Dongargarh that the wagon should be dispatched without delay.