Lightner v. Brooks
U.S. Circuit Court for the District of Massachusetts
Trespass on the case [by John Lightner against J. W. Brooks] for an alleged infringement of a patent [No. 5,936]. Pacts agreed. The defendant was a stockholder in the Hannibal and Saint Joseph Railroad Company, which is a corporation created by the laws of the state of Missouri, and was also chairman of the board of directors of said company. The meetings of the directors were usually held in Boston, in this commonwealth.
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Trespass on the case [by John Lightner against J. W. Brooks] for an alleged infringement of a patent [No. 5,936]. Pacts agreed. The defendant was a stockholder in the Hannibal and Saint Joseph Railroad Company, which is a corporation created by the laws of the state of Missouri, and was also chairman of the board of directors of said company. The meetings of the directors were usually held in Boston, in this commonwealth. In November, 1858, the corporation made an agreement with one Osgood Bradley to construct for them twenty-six passenger cars. Among other things, the contract provided that…
1Opinion of the Court
CLIFFORD, Circuit Justice.
The argument for the plaintiff is that the defendant is liable, because it is insisted, that whenever an agent of a corporation assumes to authorize, or directs the commission of a trespass, the agent assuming to confer the authority, or who gives the directions, is himself personally liable to the injured party, although he did not directly participate in the commission of the wrongful act. Undoubtedly all persons commanding, procuring, aiding, or assisting in the commission of a trespass are principals in the transaction, and stand responsible to answer in *517damages…
2Cases cited1 opinion
- Organ v. StewartNew York Court of Appeals · 1875
3Cited by5 opinions
- Bader v. Mills & Baker Co.Wyoming Supreme Court · 1921
- Estes v. WorthingtonU.S. Circuit Court for the District of Southern New York · 1887
- United Nickel Co. v. WorthingtonU.S. Circuit Court for the District of Massachusetts · 1882
- Graham v. EarlCourt of Appeals for the Ninth Circuit · 1897
- Graham v. EarlCourt of Appeals for the Ninth Circuit · 1897