THE RIVER STEAM NAVIGATION CO., LT.D versus SHYAM SUNDAR TEA CO., LTD.
Appellants, by their conduct, publicly professed to carry goods indiscriminately for all persons from Dillibari to stations on their main steamer route, thus acting as common carriers and liable for loss, irrespective of negligence or absence of special contract.
- Parties
- Appellant: The River Steam Navigation Co., Ltd.; Respondent: Shyam Sundar Tea Co., Ltd.
- Jurisdiction
- India
- Judgment Date
- 05 May 1961
- Procedural Posture
- Civil Appeal / Final Appellate Decision
- Outcome
- appeal dismissed with costs
- Legal Topics
- Common Carrier Liability, Carriage of Goods, Carriers Act 1865, Negligence, Contractual Liability
Case Brief
Summary, issues, holding and outcome
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Parties
The River Steam Navigation Co., Ltd.
Appellant
Shyam Sundar Tea Co., Ltd.
Respondent
Procedural Posture
Civil Appeal / Final Appellate Decision
Legal Issues
- 1 Whether the appellant steamer company was a common carrier in respect of carriage from Dillibari Ghat to Desangmukh and Calcutta under the Carriers Act, 1865
- 2 Whether the absence of fixed rates, regular service, or profit in feeder service negates common carrier status
- 3 Whether the Forwarding Note absolved liability for loss of goods
Ratio Decidendi
Appellants, by their conduct, publicly professed to carry goods indiscriminately for all persons from Dillibari to stations on their main steamer route, thus acting as common carriers and liable for loss, irrespective of negligence or absence of special contract.
Court Disposition
appeal dismissed with costs
Orders
- Appeal dismissed with costs.
- No need to pass any order on C.M.P. No. 40 of 1960; application to be filed.
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