Judgement

Appeal from a decree of the High Court; (December 23, 1904), reversing a decree of Tyabji J. (July 14, 1904).

The action was brought to recover damages for injuries to the plaintiff under the circumstances stated

Law. Rep. 34 Ind. App. 115 ( 1906- 1907) Kessowji Issur V. Great Indian Peninsula Railway Company 35

in their Lordships judgment. The negligence complained of was that the compartment in which the plaintiff was travelling overshot the platform and was drawn up opposite to the foot of a slope where the lighting was insufficient. The defendants traversed the allegation that the compartment in question was drawn up opposite to the slope, and asserted that it was drawn up opposite to the platform itself, and, after traversing the allegation that there was insufficient light on the slope, alleged that the plaintiff was well acquainted with the station and the slope, and that his injuries were caused by his own negligence and carelessness, and could have been avoided by the exercise of ordinary care and caution on his part.

The findings on the evidence as to negligence are thus stated by Tyabji J. —

" The conclusions of fact at which I have arrived from a review of the