Feltus v. Swan
Mississippi Supreme Court
Appeal from the Circuit Court of Wilkinson County. Hon. J. B. Chrisman, Judge. This is an action for damages brought on the 3d of September, 1884, by J. A. ~V. Feltus and others against D. D. Withers and B. P. Swan.
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Appeal from the Circuit Court of Wilkinson County. Hon. J. B. Chrisman, Judge. This is an action for damages brought on the 3d of September, 1884, by J. A. ~V. Feltus and others against D. D. Withers and B. P. Swan. The declaration avers that the plaintiffs own a plantation known as Deer Park, and that defendant Withers owns an adjoining plantation known as Lochdale, “ which is and has been for more than ten years past under the charge and control of defendant Withers, as the owner thereof, and defendant B. P. Swan as the manager and agent thereof, and that more than ten years ago a levee was…
1Opinion of the CourtCampbell, C. J.
The appellee being a mere agent was not liable for an omission of duty except to his principal. Story on Agency, §§ 308, 309; Wharton on Agency, §§ 535, 536 ; Dunlap’s Paley’s Agency 396.
The proposed amendment would not have made the declaration good, for whatever motive operated on the agent, the charge against him was only that he had failed to do, and not that he had done anything maliciously, and for nonfeasance or omission to act at all the agent is answerable only to his employer.
Affirmed.
2Cited by10 opinions
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- Mullican v. Meridian Light & Ry. Co.Mississippi Supreme Court · 1920
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