Ten Years Among the Mail Bags: Or, Notes from the Diary of a Special Agent of the Post-Office DepartmentHolbrook, James
History
Ten Years Among the Mail Bags: Or, Notes from the Diary of a Special Agent of the Post-Office Department
Holbrook, James
Postal service -- United States
The defendant requested the Court to charge the jury as
follows:--1. That the defendant does not in any manner stand as an
insurer in relation to the business of his office, and is only
held to ordinary diligence in the discharge of the duties of his
office, and can only be made liable for losses occasioned by a
want of such diligence, and that the burden of proof is upon the
plaintiff, to establish the fact of the want of such diligence. 2.
That in order to establish the fact of want of ordinary diligence,
the plaintiff must show some particular act of negligence in
relation to the letter in question, and that the loss was the
direct consequence of the particular negligence proved. 3. That
although there may have been official misconduct on the part of
the defendant, yet unless it be shown that the plaintiff's loss
was the result of such misconduct, he cannot recover. 4. That if
the letter were by mistake delivered to the wrong person, stolen
by a stranger, or embezzled by a clerk, the defendant is not
liable, unless he has been negligent, and the loss was the direct
consequence of his negligence. 5. That it is not sufficient, to
entitle the plaintiff to recover, merely to show that a letter was
received at the office, and that the person to whom it was
directed has not received it. 6. That the post master is not
liable for the negligence of his deputies, unless he is guilty of
negligence in appointing wholly unsuitable persons. 7. That the
defendant being a public officer, he would not be liable in an
action of trover, unless, at the time the letter was called for,
he had the letter in his possession or control, and withheld it,
or had actually appropriated the letter, or money, to his own use.
Public-domain text, read in full here on John Shaqi.
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