Southern Railway Co. v. Grizzle
Supreme Court of Georgia
Petition for removal of cause. Before Judge Russell. Gwinnett superior court. March 16, 1905. Mrs. America H. Grizzle filed her petition to the superior court of Gwinnett county, alleging, in substance, that the Southern Railway Company is a corporation operating a line of railway in and through the county of Gwinnett, having an agent and agency" therein, and is doing business in said county; that T. A. O’Neal is. a resident of Fulton county; that petitioner’s husband, Henry…
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Petition for removal of cause. Before Judge Russell. Gwinnett superior court. March 16, 1905. Mrs. America H. Grizzle filed her petition to the superior court of Gwinnett county, alleging, in substance, that the Southern Railway Company is a corporation operating a line of railway in and through the county of Gwinnett, having an agent and agency" therein, and is doing business in said county; that T. A. O’Neal is. a resident of Fulton county; that petitioner’s husband, Henry M. Grizzle, was killed by the negligence of the railway company and of' O’Neal, who was the engineer in charge of the…
1Opinion of the CourtCobb, P. J.
1. An agent is not ordinarily liable to third persons for mere nonfeasance. Kimbrough v. Boswell, 119 Ga. 201. An agent is, however, liable to third persons for misfeasance. Non-feasance is the total omission or failure of the agent to enter upon the performance of some, distinct duty or undertaking which he has agreed with his principal to do. Misfeasance means .the im-l proper doing of an act which the agent might lawfully do; or, in'( other words, it is the performing of his duty to his principal in such a manner as to infringe upon the rights and privileges of third, persons. Where an…
2Cases cited8 opinions
- Cox v. StricklandSupreme Court of Georgia · 1904
- Central of Georgia Railway Co. v. BrownSupreme Court of Georgia · 1901
- Osborne v. MorganMassachusetts Supreme Judicial Court · 1881
- Reeves v. Southern Railway Co.Supreme Court of Georgia · 1905
- Lawrence v. CockeTennessee Supreme Court · 1847
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3Cited by84 opinions
- Henderson v. Nolting First Mortgage Corp.Supreme Court of Georgia · 1937
- Coffer v. BradshawCourt of Appeals of Georgia · 1932
- Montanick Ex Rel. Montanick v. McMillinSupreme Court of Iowa · 1938
- Southern Railway Co. v. HarbinSupreme Court of Georgia · 1910
- Giles v. SmithCourt of Appeals of Georgia · 1949
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