215 F. 56 | 4th Cir. | 1914
The United States as plaintiff in its own interest, and in the interest of the senders of certain pieces of mail matter committed to its possession as bailee of said senders, brought this action against the Atlantic Coast Line Railroad Company in the United States District Court for the Eastern District of North Carolina.
It is alleged in the complaint that prior to and on the 18th day of April, 1904, and thereafter, the defendant as a common carrier was under contract with the government, made pursuant to the act of Congress, to carry the United States mails on route No. 118,002 on its railroad between Weldon, in the state of North Carolina, and the line separating North Carolina and South Carolina, at a stipulated price, and that in pursuance of said contract the government had delivered to the defendant, and the defendant had in its possession under said contract, certain mail equipment of the value of $135.85, which was being transported by the defendant in its mail car on April 18, 1904, and that under said contract on said date defendant had in its possession as bailee of the government a certain railway post office car, and certain registered, ordinary, and foreign mail matter described, the mail matter being of the total value of-$9,151.54; that on said April 18, 1904, by reason of the negligence of the defendant in leaving a portion of a freight train on its main track at Lucarna, N. C , on defendant’s railroad, on said mail route, at the time when the defendant’s
Certain issues were submitted to the jury, upon which the jury returned a verdict finding that the collision of the defendant’s trains was not caused by the negligence of the employés in charge of the train carrying the mail car, but was caused by the negligence of the servants and employés of the defendant in charge of the freight train, and that the government’s mail equipment, of the value of $135.85, was destroyed by reason of said collision, and that the mail pouch containing certain mail matter, diamonds, of the value of $6,208.27, was destroyed by reason of the collision of said trains, and that a certain article of registered mail of domestic origin, of the value of $2.50, consigned to Smoaks, S. C., was also destroyed by reason of said collision.
The court, under stipulation of counsel, found the following facts, namely: That the defendant’s agents, servants, and employés did not fail to exercise due care in saving said diamonds after they had notice that they were in said mail car at the time of the collision and destruction thereof; that the collision of defendant’s train No. 35 with No. 8, on April 18, 1904, was not caused by the negligence.of the defendant corporation. The court further found, under stipulation of counsel, that the defendant and its employés did not have notice o'f the fact that the said diamonds were in the said mail car prior to the collision. And the court further found the following facts, to wit: That the diamonds in said mail car were placed in the post office in violation of the laws and postal regulations of the republic of France and of the laws and postal regulations of the United States, and in violation of the terms and provisions of the postal convention concluded between
Many questions of far-reaching importance were passed upon by the court below in the trial of this case. It is earnestly insisted by counsel for the government that the court below tried this case upon an erroneous theory as respects the relative rights of the parties to this controversy. The learned judge who heard this case fded a very able opinion, dealing at length with the various questions that were presented, as to most of which we are in hearty accord. (D. C.) 206 Fed. 190.
It does not matter what we call the relation between the government and the railroad, the essential thing is that the railroad company assumed the obligation to use due care to have a safe track for the mail car to run on, and when it was negligent in that respect it became responsible for any damage to the government due either to its own negligence or that of its servants. The distinction urged between the negligence of the company itself and its servants on an issue of this sort is artificial and unsupported by any substantial reason. It may be true that, as between the owner of the mail matter seeking to fix the liability cm the railroad for his lost property and the railroad itself, the railroad is a public agency, but as between the government and the railroad contracting to carry its mail, the railroad company is liable as a party to a private contract.
“for each'Of the following delinquencies, unless satisfactory excuse be made in due time * * * (b). Suffering the mail, or any part of it, to become wet, lost, injured, or destroyed, or conveying or keeping it in a place or manner that exposes it to depredation, loss or injury.”
So that there is not only an absence of any expression imposing the obligation to be responsible for the.value of mail, but there is an affirmative expression of a different consequence of allowing the mail to be lost.
There is a legal and natural presumption that the contract is intended only for the benefit of those who make it, and not for that of others not parties to the contract. German, etc., Co. v. Home, etc., Co., su
It is also insisted that the court below erred in holding that the suit is barred by the statute of limitations. In our view of this case, we do not deem it essential to pass upon this question, feeling as we do that a determination of the same is not at all necessary in order to reach a correct conclusion as to the questions presented.
For the reasons stated, we are of opinion that the judgment of the lower court should be affirmed.
Affirmed.