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Madras Railway Co. vs Govinda Rau on 1 February, 1898

In Madras Railway Co. v. Govinda Rau 21 M. 172 : 8 M.L.J. 85 : 7 Ind. Dec. (N.S.) 478 the circumstances were somewhat similar. The plaintiff was a tailor, who delivered a sewing machine and some cloth to the Madras Railway Company (the defendant) to be sent to a place where he expected to carry on his business with special profit by reason of a forthcoming festival. Through the fault of the Company's servants the goods were delayed in transmission and were not delivered until some days after the conclusion of the festival. The plaintiff had given no notice to the Company that the goods were required to be delivered within a fixed time for any special purpose, and he had signed a forwarding note under a statement that he agreed to be bound by the conditions at the back; and one of those conditions was to the effect that the Company was not liable "for any loss of or damage to any goods whatever by reason of accidental or unavoidable delays in transit or otherwise." He sued to recover from the Company a sum on account of his estimated profits and the travelling expenses of himself and his assistant at the place of delivery and their expenses for food and lodging from the Company.
Madras High Court Cites 7 - Cited by 8 - Full Document
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