Alibhoy V. Ceylon Wharfage Co., Ltd.

1954 Present: Gratiaen J. and Fernando A. J.

H. ALIBHOY, Appellant, and CEYLON WHARFAGE Co., LTD.,
Respondent

S.C. 51-D. C. Colombo, 22,279

Carrier by trade-Action for failure to deliver goods-Quantum of proof necessary--Vis major-" Boat note "-Customs Ordinance, s. 40.

Plaintiff sued defendant, a Company carrying on the business of landing and shipping of goods in the Port of Colombo, for their failure to deliver to the plaintiff a consignment of 436 bags of beans-each bag bearing the identifying mark " I.O.T.C. "-alleged to have been consigned to the plaintiff on the s. s. " June Crest " which arrived at the Port of Colombo.

Held, that before the plaintiff could claim damages from the defendant for loss or non-delivery of goods, he had to prove that 436 bags bearing the identifying mark "I.O.T.C." were actually delivered out to the defendant at the ship's-side.

Held further, that in the absence of proof of negligence, the defendant, as carrier, was not liable to deliver the goods in good condition. In order to establish that the goods had deteriorated through negligence on the part of the defendant, the plaintiff sh

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