Carriers Act, 1865 (3 of 1865) - Liability of carrier - Loss of goods
in transit - Condition that the company takes absolutely no responsibility for delay and loss in transit due to accident, strikes, other causes beyond its control and due to break down of
vehicles enroute and for consequences thereof - Court finds that the causes beyond control are the acts of God i.e. Earthquake, Cyclone, etc., and as per Section 9 of the Carriers Act, 1865,
the plaintiff is not required to prove negligence on the part of the carrier and the burden of proof is squarely upon the carrier - Carrier held liable. (177) P.L.R. (Del.)
Carriers Act, 1865 (3 of 1865) S. 9 - Negligence - Truck was not
driving on the road nor it has come on record that there was no road and instead of road it was soily road - Rather it has come on record that truck was moving from the side of the road and
in the meantime the soil collapsed - Thus, the presumption is drawn that vehicle was not being driven on road - There is presumption of negligence, as mentioned in Section 9 of the Act, when
there is loss or damage had taken place. (178) P.L.R.