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Judgment
Kulwant Sahay, J.—This appeal is concluded by findings of fact. The suit was for damages for loss of a certain number of tins out of a consignment of 100 tins of ghee. The trial Court found that the loss was occasioned on account of the wilful negligence of the Railway Company. On appeal the learned Judicial Commissioner has found that the evidence produced on behalf of the plaintiff does not prove wilful negligence on the part of the Railway Company or its servants. This finding is sufficient to dismiss the claim of the plaintiff, because the consignment was made under Risk Note in Form B and the defendants can only be made liable if it can be shown that the loss was occasioned on account of the wilful negligence on the part of the Railway Administration.
This appeal is dismissed with costs.
Macpherson, J.
I agree.