Lilley v. Fletcher
Supreme Court of Alabama
Appeal from the Circuit Court of Jackson. Tried before the Hon. James E. Cobb. This was an action by the appellant, George G. Lilley, against the appellee, John F. Fletcher, for an injury to the appellant’s mill dam, alleged to have resulted from the negligence of the appellee’s agent under the circumstances set forth in the opinion.
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Appeal from the Circuit Court of Jackson. Tried before the Hon. James E. Cobb. This was an action by the appellant, George G. Lilley, against the appellee, John F. Fletcher, for an injury to the appellant’s mill dam, alleged to have resulted from the negligence of the appellee’s agent under the circumstances set forth in the opinion. Among other pleas not necessary to mention, the defendant pleaded “not guilty,” and the following: “That plaintiff contributed proximately to said alleged injury by his own carelessness and that of his servants and agents, and said injury could have been…
1Opinion of the CourtStone, C. J.
— It is clearly the law. that-the principal is liable for the acts of the agent1' done pursuant to his authority ; and he is also liable, if while the agent is doing such acts, he so negligently or unskillfully conducts himself that injury ensues to another. — 1 Brick. Dig. 61-2, §§ 132, 143; Carter v. Chambers, 79 Ala. 223. He is not liable, however, for acts done outside of the scope of the agent’s authority, unless he commanded, participated in, or, with knowledge, ratified the act complained of. — 1 Brick. Dig. 61, §§ 134, 135, 142 ; 3 Ib. 24, §§ 90, 91; Gilliam v. S. & N. Ala. R. R. Co.,…
2Cases cited6 opinions
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
- Carter v. ChambersSupreme Court of Alabama · 1885
- Montgomery & Eufaula Railway Co. v. ThompsonSupreme Court of Alabama · 1884
- Gilliam v. South, & North Alabama RailroadSupreme Court of Alabama · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Alabama Great Southern R. R. v. ArnoldSupreme Court of Alabama · 1887
- Jones v. StricklandSupreme Court of Alabama · 1917
- Williams v. HendricksSupreme Court of Alabama · 1897
- Columbus & Western Railway Co. v. BradfordSupreme Court of Alabama · 1888
- Collins v. Alabama Great Southern RailroadSupreme Court of Alabama · 1893
8 more not listed; retrieve them via the Exa API.