Feltus v. Swan
Mississippi Supreme Court
Feltus v. Swan, 62 Miss. 415 (Miss. 1884)
Campbell
Feltus v. Swan
Opinion of the Court
delivered the opinion of the court.
The appellee being a mere agent was not liable for an omission of duty except to his principal. Story on Agency, §§ 308, 309; Wharton on Agency, §§ 535, 536 ; Dunlap’s Paley’s Agency 396.
The proposed amendment would not have made the declaration good, for whatever motive operated on the agent, the charge against him was only that he had failed to do, and not that he had done anything maliciously, and for nonfeasance or omission to act at all the agent is answerable only to his employer.
Affirmed.
Reference
- Full Case Name
- J. A. V. Feltus v. B. P. Swan
- Cited By
- 10 cases
- Status
- Published
- Syllabus
- 1. Agent. Omission of duty. Rule as to liability. An agent is liable to no one except his principal for damage resulting from an omission or neglect of duty in respect to the business of his agency, even though such omission be with a malicious intent to injure a third person, and have that effect. 2. Same. Damage by omission of duty. Diability to third person. Rule applied. Upon the principle above stated, an agent in charge of a plantation is not liable to the owner of an adjoining plantation for damage resulting from the malicious neglect and refusal of the agent to keep open a drain which it was his duty, as such agent, to keep open.