Privy Council Court March 1937 Judgments

Surat Cotton Spinning and Weaving Mills, Ltd. Vs. Secretary of State

Court: Privy Council

Reported in: AIR1937PC152

LORD THANKERTON: This is an appeal from a judgment and decree of the High Court of Judicature at Bombay, dated 21st December 1934, which dismissed the appellants' suit, in reversal of a decree of the First Class Subordinate Judge of Surat, dated 30th April 1928, under which the appellants obtained decree for the sum of Rs. 25,820 with future interest at 6 per cent. On 7th April 1925, the appellants consigned 58 bales of cotton piecegoods to the Bombay Baroda and Central India Railway Company at Surat, for carriage to Sealdah on the Eastern Bengal Railway, a Government railway, on the terms of Risk-note B. In order to reach the system of the Eastern Bengal Railway, the consignment had to be carried for a considerable distance over the system of the respondent's East Indian Railway, which may be referred to as the E. I. Railway. Risk-note B is in the form approved by the Governor-General in Council under S. 72 (2) (b) of the Indian Railways Act, 1890, for use when the goods are despatche...