Hoppendietzel v. Wade

The question of the sufficiency of the petition against the general demurrer must be determined apart from any consideration of whether or not the landlord would be liable under the facts alleged. An agent is personally liable to one injured by his misfeasance or act of negligence, but ordinarily is not liable for mere nonfeasance. Reid v. Humber, 49 Ga. 207; Kimbrough v. Boswell, 119 Ga. 201 (45 S. E. 977). He may, however, become liable where, though originally not bound to act at all, he enters upon the execution of a particular work and so negligently performs it as to cause injury to…