Kimbrough v. Boswell
Supreme Court of Georgia
Action for damages. Before Judge Holden. Greene superior court. August 1, 1903. Boswell was sued for damages alleged to have been sustained in consequence of failure to milk cows which he had impounded.
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Action for damages. Before Judge Holden. Greene superior court. August 1, 1903. Boswell was sued for damages alleged to have been sustained in consequence of failure to milk cows which he had impounded. In his answer he denied the plaintiff’s allegations, and set up that the cows, when taken up by him, were trespassing on his wife’s land, of which he was in control as her agent; that in impounding them he acted as her agent, and if there was any cause of action it was against her, and not against him ; and that she was entitled to recoup damages on account of previous trespasses by the…
1Opinion of the CourtLamar, J.
While an agent is personally liable to those injured by his misfeasance, he is not ordinarily liable for mere nonfeasance. Reid v. Humber, 49 Ga. 208; Civil Code, §§ 3041, 3029. And if, in the present case, the husband was the agent of the wife and authorized to take up cattle trespassing upon her land, she would be responsible for any injury resulting from a failure to give them the proper care and attention demanded by the Civil Code, § 1775, if they were in her possession and control after they were taken up on December 15th. The charge of the court properly submitted to the jury the…
2Cited by22 opinions
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- Coffer v. BradshawCourt of Appeals of Georgia · 1932
- Owens v. NicholsSupreme Court of Georgia · 1913
- Greene v. Piedmont Janitorial Services, Inc.Court of Appeals of Georgia · 1996
- Herring v. R. L. Mathis Certified Dairy Co.Court of Appeals of Georgia · 1968
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