Perkins v. Hackleman
Mississippi Supreme Court
In error from the circuit court of Oetibbeha county; Hon. F. M. Rogers, judge. The opinion contains the facts of the case. 1. The court below refused to give the following charge: “ That under the statute upon which this action is brought, the defendant Perkins would, not be liable for the acts of his agents, unless acting within the scope of their authority.” This was manifest error, and tended to the manifest injury of defendant in court below.
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In error from the circuit court of Oetibbeha county; Hon. F. M. Rogers, judge. The opinion contains the facts of the case. 1. The court below refused to give the following charge: “ That under the statute upon which this action is brought, the defendant Perkins would, not be liable for the acts of his agents, unless acting within the scope of their authority.” This was manifest error, and tended to the manifest injury of defendant in court below. Principal not liable for act of agent or servant beyond what his directions extend to, and no wilful trespass of a servant, not arising out of the…
1Opinion of the CourtJustice Yerger
This is an action of debt brought under the provisions of the statute for cutting down timber-trees on the land of the defendants in error. Hutch. Code, 280.
The facts proved made out a case falling clearly within the provisions of the statute. The timber was cut down during a series of years, for the purpose of stripping the bark off, to be used in tanning. The proof shows, that it was cut on the land of the defendants in error, by direction of the plaintiff’ in error, *46and the pretence, that he supposed the land belonged to the government, and not to defendants in error, will not avail him.…
2Cited by6 opinions
- Barnes v. JonesCalifornia Supreme Court · 1876
- Mhoon v. GreenfieldMississippi Supreme Court · 1876
- McCleary v. AnthonyMississippi Supreme Court · 1877
- Menasha Woodenware Co. v. Spokane International Railway Co.Idaho Supreme Court · 1911
- Upton v. WimbrowSupreme Court of Arkansas · 1921
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