Short Note : 1. 366 bags of onion were loaded for transport from Sambhal Hatim Sarai to be delivered to the plaintiff-firm. The consignment had reached in a rotten condition. The Courts below had estimated the loss at Rs.3,454/- but had dismissed the suit on the ground that the consignment had reached Bilaspur in reasonable time and the Wagon was selected by the consignor and even if the damage was due to water percolation through the leaking roof or through crevices, the Railway was not responsible for any misconduct or negligence. Held : The onions were being loaded at a time when rains were impending. It was the responsibility of the Railway, therefore, to see that the wagons provided were thoroughly checked against water leakage. The Railways have their technical staff to inspect the wagons. A layman consignor cannot be expected to know the process of checking, In the present case, the reports of the checking staff are Ex. D-6 and Ex. D-9. The wagons were not water-tight. The water had percolated into the wagons and the damage was mostly due to water leaking. The delay contributed to the stuff further deteriorating. Where the Railway Administration do not provide proper type of wagon for the carriage of goods, that in itself is misconduct. It hardly matters whether the goods were booked at Railway's risk or at owner's risk. Once negligence and misconduct on the part of Railway is established, the forwarding note that the goods were not properly packed would also not absolve the Railway of their liability. All that was expected in the transshipment of onion was that they should be in gunny bags and in fact they were in gunny bags. The loss had not been due to defective packing but due to wetting. The Railway in the present case should have anticipated the monsoon and have provided leak-proof wagons The misconduct, therefore, on the part of the Railway could be readily inferred. Ramkishan Ramnath Shop v. Union of India, AIR 1960 Bombay 344 Dominion of India v. Fupchand. AIR 1955 Nag. 169 & Union of India v. Steel Stock Holders Syndicate, AIR 1976 SC 876, relied on. Appeal allowed.