80 P. 317 | Ariz. | 1905
The question presented, determinative of this appeal, is whether a postmaster is liable under his bond for the loss of a registered package intrusted to him, irrespective of whether such loss was occasioned by his negligence. It appears from the evidence that a package containing money was duly registered in the ordinary way and delivered to the postmaster. The package was thereafter stolen under circumstances which the jury found, by their verdict, freed the postmaster from negligence. The United States claims on this appeal that the trial court erred in submitting to the jury the question whether or not the postmaster had exercised reasonable care in the custody of the package; the contention here being that, as a matter of law, the postmaster, whether negligent or not, is liable under his bond for the loss, and that the jury should have been instructed to return a verdict for the United States. It is conceded by the appellee, in the brief of counsel, that if such liability exists, as a matter
We think the court below should have directed a verdict for the United States for the amount claimed. The judgment of the district court is therefore reversed, and judgment will he entered in this court in favor of the United States and against the appellees for the sum of $1,963, with interest at the rate of six per cent per annum from March 21, 1900, together with costs.