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3 S.C.L. 181

Bolan v. Williamson

Supreme Court of South Carolina

Decided November 15, 1802

Supreme Court of South Carolina · decided 1802-11-15

This was an action of trespass on the case, tried before Brewakd, J., in the district court of Richlaud, on the last circuit. The case was this : Williamson was a postmaster at Columbia, and kept the post office there.

Decided 1802-11-15

The court,

¶1after considering the case, were of opinion, that the post master is liable for a loss occasioned by negligence in his office ; but that his deputy, or assistant, is not responsible to the party injured, although the loss is occasioned solely by his default, unless he is an officer of the department recognized by Jaw : and if he is such an officer, he alone is responsible, and not the postmaster. In either view, therefore, the verdict, being against both defendants, is erroneous, and must be set aside.

¶2New trial granted.

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