Bankers' Mutual Casualty Co. v. Minneapolis, St. P. & S. S. M. RY. Co.

Citations

• 117 F. 434
• 65 L.R.A. 397
• 1902 U.S. App. LEXIS 4452

Syllabus

<p>1. Mails—Railroads as Carrying Agents—Measure of Liability.</p> <p>A railroad company carrying the United States mails, whether under contract or by virtue of the requirements of the constitution and laws, is not in respect to such service a common carrier, but is a public agent of the United States, employed in performing a governmental function and as such it is liable for its own negligence, but not for the negligence or tortious acts of its subordinates or employés in the selection of whom it has exercised ordinary care.</p> <p>2. Same.</p> <p>A complaint against a railroad company alleged that under the requirements of the constitution and laws of the United States, but without any contract therefor, it was engaged in carrying the mails between the stations on its line; that by section 713 of the postal regulations of 1893 it was required “to take the mails from, and deliver them into, all intermediate post offices and postal stations located not more than 80 rods from the nearest railroad station” at which it had an agent; that the postal agent on one of its trains delivered a mail sack to defendant’s agent at an intermediate station which was within 80 rods of a post office, and that, through the negligence of defendant and its said agent, while the mail sack was in defendant’s station house some person to plaintiff unknown obtained access to it, and by means of a false key opened it, and stole therefrom a registered package containing money, to recover the value of which the action was brought. Held, that the complaint stated no cause of action; no facts being alleged which showed any negligence or breach of duty on the part of defendant as a public agent of the United States.</p>