Law:

Section:

(a) Civil Procedure Code (V of 1908), S. 80-Notice addressed to General Manager North Western Railway, without any reference to Federation of Pakistan -Notice, held, proper The objection of the defendant was that the notice though addressed to the General Manager, North-Western Railway, made no reference to the Federation of Pakistan. Held that the notice was not defective. S. 80 does not require that the words "Federation of Pakistan" should also be used with the General Manager. S. 80 relates to the delivery of a notice and the parties to which it should be delivered, not to the name of the party who should be formally sued. In the suit itself the party sued against was the Federation of Pakistan through the General Manager. The notice therefore was in order. (b) Negligence-Railway company's keeping the level crossing gate open proves Railway's negligence-Amounts to invitation cross to the line-Contributory negligence. The mere fact that the gates were open proves the defendant's negligence. Where the gates of a level-crossing are left open, the railway authority, which is responsible for keeping them locked when a train passes, gives to the traffic on the road an "invitation" to cross the line. [Case-law referred to.] There are certain conditions under which the normal standard of a reasonable man's prudence is peculiarly difficult to apply by reason of one party's choice of alternatives, or opportunities of , being affected by the conduct of the other. In this case the defendant's engine struck against the plaintiff's lorry which was going through a level-crossing, of which the gate was unlocked, at a speed of 25 miles per hour, the right wheel and the right side of the engine were badly damaged. The lorry was completely smashed, resulting the death of two passengers and injuries to several. The metalled road on both sides of the railway-crossing was in a straight line, and within 30 or 40 yards of the crossing, the railway track became fairly visible for a length of about 350 yards as one approached it from the direction which the ill-fated bus was taking. Further, the level of the railway track was higher than that of the metalled road on both sides.…

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