388 and East Indian Railway Co. v. Nathmal Bahari Lal [1917] 39 All. 418. There is often a difficulty in proving wilful neglect because the only evidence of wilful neglect is the evidence which can be extracted in cross-examination from the witnesses for the defence.
In the Bombay case the case of H.C. Smith Ltd. v. G.W.R. Co. (1922) L.R. 1 A.C. 178 was applied to Risk notes in Form B. On the question as to whether plaintiff can recover only for goods lost by the Company or recover for deterioration of goods, I agree with the decision of this Court in Madras and Southern Mahratta Railway Co. v. Subba Rao (1920) 43 Mad. 617. But I do not quite see how the question as to what kind of loss plaintiff can recover for, has any bearing on the question what the company must prove and what the plaintiff must prove.
It is enough if "the facts proved strongly preponderated in favour of the theory", which fixed the company with liability, (Central India Spinning and Weaving Co. v. G.I.P. Railway A.I.R. 1922 Bom. 46. The second appeal fails and is dismissed with costs. Appeal dismissed.