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ASSAM AND NAGALAND HIGH COURT
P.K. Deka, J
Niranjan Lal Ratankumar v. River Steam Navigation Co. Ltd.
| Table of Content |
|---|
| 1. plaintiff seeks damages for spoiled merchandise. (Para 1 , 2) |
| 2. trial court ruling on insufficiency of proof. (Para 3) |
| 3. arguments regarding endorsements and their validity. (Para 4 , 5 , 6) |
| 4. defendant claims damages were due to an act of god. (Para 7 , 8) |
| 5. assessment of negligence and maintenance of evidence standards. (Para 9 , 10) |
| 6. court holds that defendants must prove act of god and allows partial recovery. (Para 11 , 12 , 13 , 16 , 17) |
1. This is plaintiffs appeal arising out of a suit for recovery of Rs. 7,357/6/6 as damages. Plaintiff is a registered partnership firm carrying on business at Gauhati. The plaintiffs case is that under invoice No. 10691, S/R. 83 dated 12th March 1956, 250 bags of flour were despatched from Jagannath Ghat to Gauhati Bazar Ghat. Another consignment of 100 bags of flour by invoice No. 10705 S/R 98 was also booked on the same day from Jagannath Ghat for carriage to Gauhati Bazar Ghat. The plaintiff went to take delivery of the said consignments at Gauhati Bazar Ghat and found the goods of the consignments damaged. The assessment delivery was taken. The amount of damage suffered by the plaintiff was recorded in the delivery reg
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