Legal Opinion
Biel, Inc. v. Kirsch
Indiana Supreme Court
Decided October 27, 1959No. 18,923PublishedCited by 26 opinions
1Opinion of the Court
On Petition to Transfer
Arterburn, J.
I concur in the denial of the petition to transfer, but not for the reason given in the Appellate Court Opinion. (See 153 N. E. 2d 140.)
The fact that upon the death of an agent the *71liability in a negligence case is limited or extinguished against his estate, should not accrue to the benefit of the principal and release the principal also from liability.
There is no analogy in the instant case and one in which a jury or court finds the agent not guilty of negligence for which the principal at the same time is held liable. The negligence still exists, even…
2Cases cited5 opinions
- Schubert v. August Schubert Wagon Co.New York Court of Appeals · 1928
- Ætna Insurance v. BakerIndiana Supreme Court · 1880
- Biel, Inc. v. KirschIndiana Court of Appeals · 1959
- Bulk Petroleum Corp. v. City of ChicagoIllinois Supreme Court · 1960
- Hary v. ARNEYIndiana Court of Appeals · 1957
3Cited by26 opinions
- Gail D. Konradi, Personal Representative of the Estate of Glenn J. Konradi v. United States of America and Robert E. FarringerCourt of Appeals for the Seventh Circuit · 1990
- Wong-Leong v. Hawaiian Independent Refinery, Inc.Hawaii Supreme Court · 1994
- Gibbs v. Miller Et Ux.Indiana Court of Appeals · 1972
- The Estate of Richard A. Mayer, and Spangler, Jennings & Dougherty v. Lax, Inc., and David LascoIndiana Court of Appeals · 2013
- City of Crawfordsville v. MichaelIndiana Court of Appeals · 1985
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