The Calcutta Weekly Notes. Monday June 11 1934

xxxviit rule is Rule 4 which speaks of a register in which the means of eligible candidates shall be entered and under the opening words of that tile those are eligibles whose qualifcations are satisfactory to the Court." Then follows a sentence on which the age limit rests and it is to the effect that a candidate's name shall be removed from the register in the event of his failing to obtain [...] As a bailee she was not the agent of the bailor and she could sue and claim the full damages for loss due to the alleged negligence of the Defendant without prejudice to the rights of the bailor to ajust with her the amount of damages when recovered. [...] (ii) That it is kir the Plaintiff in an ation for negligence to establish (a) that the Defendant was under a duty to take care twards the complaining party to avoid the damage complained of (b) that there was a breach of that duty on the part of the Dfendant and (c) that the breach was the direct and the proximate cause of the daage complained of. [...] The onus of proving negligence is on the Plaintiff and the mere proof of the happening of the accident is not as a general rule sufficient evidence to suport the action. [...] Whenever there is a duty cast upon the Defendant to exercise care and the circumstances under which the injury happened are such that with the execise of the requisite care no risk would have ensued in the ordinary course of events the burden is shifted to the Defendant to diprove his liability.