East Tennessee, Virginia & Georgia Railroad v. White
East Tennessee, Virginia & Georgia Railroad v. White
Opinion of the Court
delivered the opinion of the court.
The defendant in error was a postmaster at White Pine, a station on the East Tennessee, Virginia & ■Georgia Railroad, the post-office being within eighty rods of the depot at that point.
From May 1, 1876, to May 16, 1879, at which
This suit was brought before a magistrate by defendant in error, claiming compensation from plaintiff in error for the service so rendered. Judgment was rendered in his favor, and on appeal to the circuit court the jury rendered a verdict against plaintiff in error, from which it has appealed in error to this-court. The Referees have recommended an affirmance of the judgment and the case is before us on exceptions to their report.
The jury have found the facts in favor of defendant in error, and the evidence was sufficient to warrant their finding. Many errors are assigned to the charge of the court, but in the view we take of the ease, it is unnecessary to notice but one.
It is insisted that this charge conforms to the rulings of this court, in cases holding that the maxim,- “ Ignorantia legis meminem excusat, applies only .to public and general laws and not to private enactments: 1 Sneed, 698; 1 Head, 79. And undoubtedly such is the law. But without discussing the character of these postal regulations, or deciding whether they do or do not fall within the class of laws recognized as public^ and genera], they are the official rules and charter prescribed for the guidance of all agents and employes of the Post-office Department, from the highest to the lowest, and such agents and employes are of necessity, charged with knowledge of these fundamental rules.
Among other regulations is section 639, Postal Laws, cited above. And section 3850, Devised Statutes, is as follows: “No postmaster, assistant postmaster or clerk, employed in any post-office, shall be a contractor or concerned in any contract for carrying the mail.”
To allow contractors, postmasters and agents of the Post-office Department to escape responsibility by pleading ignorance of the rules prescribed for their guidance, would be to open wide the door to fraud and dishonesty. We hold, therefore, that in view of the relation sustained by the parties to this suit to the Post-office Department, the charge of the circuit judge
Reversed and remanded.
Reference
- Full Case Name
- The East Tennessee, Virginia & Georgia Railroad Company v. R. C. White
- Status
- Published