Feltus v. Swan

Citations

• 62 Miss. 415

Syllabus

<p>1. Agent. Omission of duty. Rule as to liability.</p> <p>An agent is liable to no one except his principal for damage resulting from an omission or neglect of duty in respect to the business of his agency, even though such omission be with a malicious intent to injure a third person, and have that effect.</p> <p>2. Same. Damage by omission of duty. Diability to third person. Rule applied.</p> <p>Upon the principle above stated, an agent in charge of a plantation is not liable to the owner of an adjoining plantation for damage resulting from the malicious neglect and refusal of the agent to keep open a drain which it was his duty, as such agent, to keep open.</p>