Postal Service v. Konan · ¶77

The majority also cites cases in which the reason behind a “miscarriage” was not identified, but those cases do not sup- port its position.Ibid.How a word is used when the cause is unknown hardly informs whether an ordinary speaker would use the same word when the cause is known.Those cases, moreover, simply reflect the general presumption that issues with mail are typically not a result of intentional misconduct by postal workers.For example, in Lake v. Lake, 63 Wyo. 375, 182 P. 2d 824 (1947) (per curiam), the court explained that when a motion arrived in court “a day too late” due to a “miscarriage of the mails,” with no further cause explained, that “ ‘mere accident’ ” should not be held against the party.Id., at 402, 182 P. 2d, at 835.Similarly, in Wagner v. Lucas, 79 Okla. 231, 193 P. 421 (1920), the court described “miscarriage of the mails” as a situation that “human prudence,…

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