Hagerty v. Montana Ore Pur. Co.
Montana Supreme Court
Appeal from, District Court, Silver Bow County; Geo. M. Bourquin, Judge. Action by Johnston T. Hagerty against the Montana Ore Purchasing Company, Elliott H. Wilson, and others. From a judgment for plaintiff, and from an order denying a new trial, defendant Wilson appeals. For mere omission of duty, — for nonfeasance, as distinguished from misfeasance, — the weight of authority is to the effect that the agent is not liable to third persons. (Kelly v. Chicago & A. By.
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Appeal from, District Court, Silver Bow County; Geo. M. Bourquin, Judge. Action by Johnston T. Hagerty against the Montana Ore Purchasing Company, Elliott H. Wilson, and others. From a judgment for plaintiff, and from an order denying a new trial, defendant Wilson appeals. For mere omission of duty, — for nonfeasance, as distinguished from misfeasance, — the weight of authority is to the effect that the agent is not liable to third persons. (Kelly v. Chicago & A. By. Co., 122 Fed. 286; Carey v. Bochereau, 16 Fed. 87; The Bell of the Coast, 56 Fed. 251; Bryce v. Southern By. Co., 125 Fed. 958;…
1Opinion of the CourtJustice Holloway
This action was commenced by Johnston T. Hagerty against Elliott H. Wilson and others to recover damages for injuries alleged to have been sustained by the plaintiff; as the result of the negligence of the defendants.
During 1904 the Hypocka Mining Company, a foreign corporation, was operating the Minnie Healy mine, in Meaderville, Silver Bow county. The defendant Wilson was the superintendent at the mine, and was actively in charge of the business of the Hypocka Mining Company in Montana. The Hypocka Company had a working arrangement with the Montana Ore Purchasing Company, by which the…
2Cases cited12 opinions
- Southern Railway Co. v. GrizzleSupreme Court of Georgia · 1906
- Osborne v. MorganMassachusetts Supreme Judicial Court · 1881
- Baird v. ShipmanIllinois Supreme Court · 1890
- Lough v. John Davis & Co.Washington Supreme Court · 1902
- Phelps v. . WaitNew York Court of Appeals · 1864
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3Cited by15 opinions
- Ulmen v. SchwiegerMontana Supreme Court · 1932
- Gamble v. Vanderbilt UniversityTennessee Supreme Court · 1917
- Giles v. Moundridge Milling Co.Supreme Court of Missouri · 1943
- Tippecanoe Loan & Trust Co. v. JesterIndiana Supreme Court · 1913
- JC Penney Company v. BarrientezSupreme Court of Oklahoma · 1965
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