High CourtsDivision Bench(1914) 06 BOM CK 0007

Dolatram Dwarkadas vs The Bombay, Baroda and Central India Ry. Co.

Bombay High Court · Decided on 12 June 1914 · Citation: AIR 1914 Bom 176 : (1914) 16 BOMLR 525 : 25 Ind. Cas. 380

HON’BLE JUDGES
Hayward, J · Beaman, J
CASE NUMBER
Civil Application No. 234 of 1913

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Judgment

1 paragraphs · 146 words

Beaman, J.—After having given this nice question our most careful consideration we think that in view of the recent decision of this appeal Court in Amarchand & Co. v. Ramdas (1918) 15 Bom. L.R. 890, it must be taken as settled law that a railway receipt is a mercantile document of title. That being so, we think it necessarily follows that the endorsee of such a railway receipt has sufficient interest in the goods covered by it to maintain an action of this kind. We are, therefore, of opinion that the decision of the Subordinate ''Judge with Small Cause Court powers was not according to law. Reversing his decision upon the point just mentioned we agree with -his findings of fact, and now order that the decree be made in the plaintiff''s favour in the terms of those findings. The defendant-Company must pay all the costs.