High CourtsDivision Bench(1909) 07 BOM CK 0016

Pundlik Udaji Jadhav vs S.M. Railway Company

Bombay High Court · Decided on 22 July 1909 · Citation: 3 Ind. Cas. 964

HON’BLE JUDGES
Basil Scott, C.J · Batchelor, J

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Judgment

3 paragraphs · 123 words
1.

We are of opinion that the protection given by Section 75 of the Indian Railways Act IX of 1890 extends to the whole parcel in which silk goods such as are mentioned in Clause (0 of the 2nd Schedule are contained, whether the rest of the parcel is composed of articles mentioned in the 2nd Schedule or not.

2.

This appears from the words of the section which draw a distinction between the articles mentioned in the Schedule and the parcel or package in which they are contained, and provides that the Railway Administration shall not be responsible for the loss, destruction or deterioration of the parcel or package.

3.

We, therefore, answer the points submitted for our decision in the affirmative.