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TMI Blog1925 (4) TMI 6X X X X Extracts X X X X X X X X Extracts X X X X ..... resulted from his, death to the members of his family, and have also included in the action a claim for ₹ 1,300 on the ground that the deceased was carrying with him currency notes of that amount, and that the notes were lost by reason of the negligence of the railway administration, 2. The trial Judge has passed a decree in favour of the plaintiff, and the dispute in this appeal preferred by the railway administration is confined to the question as to whether the plaintiffs are entitled to recover ₹ 1,300, the value of the currency notes lost by the deceased. 3. Now, the Subordinate Judge finds, and his finding has not been impeached by the learned Government Advocate, that the deceased Bansi Lal had with him ₹ 1,30 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and could have been recovered by him. 5. Now, the disappearance of the currency notes in the present case undoubtedly caused pecuniary loss to the estate of Bansi Lal; but the loss was not occasioned by any act, neglect or default of the defendant. The cardinal principle in cases of this character is whether the damage claimed is the natural and reasonabie result of the defendant's act, and according to the rule repeatedly adopted by the English Courts a damage will assume this character if it can be shown to be such a consequence, as in the ordinary course of things, would flow from the act. The damage is hold to be remote when, although arising out of the cause of action, it does not so immediately and necessarily flow from it, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llowed the waste water to run down the gutter to a grating 'about 25 yards off from which, in the ordinary state of things, it would have drained into the sewer. In consequence of a hard frost the grating was obstructed by ice, and the water in consequence flowed over the pavement and froze. There was no evidence that the defendant knew of the grating being obstructed. The plaintiff's horse slipped on the ice and broke its leg. 8. It was sought to recover from the defendant the value of the horse, but it was held that the damage was too remote, not being one which he could fairly be expected to anticipate as likely to ensue from his act. 9. It must be remembered that the evidence in this case does not show who took away the no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant compensation for that loss. In this view of the defendant's liability I consider it unnecessary to pronounce any opinion on the question that Section 74 of the Indian Railways Act exempts the railway administration from responsibility for the loss of the notes because no railway servant had booked them and given a receipt therefor. The result is that I accept the appeal and reduce the amount awarded to the plaintiffs by ₹ 1,300. I would, however, leave the parties to bear their own costs in both the Courts in so far as this claim is concerned. Le Rossignol, J. 12. I concur with the learned Chief Justice. The question whether a result is sufficiently proximate to the alleged cause is very often very difficult to resolve, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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