Gloster Lumber Co. v. Wilkinson

Citations

• 118 Miss. 289
• 79 So. 97

Syllabus

<p>1-. Corporations. Agents. Personal liability.</p> <p>A corporation must of course act through its agents, and it must respond in damages for any injury inflicted by its officers and agents acting within the scope of their duties, but the mere fact that the corporation itself is liable in nowise exempts its officers and agents from personal liability for positive wrongdoing.</p> <p>2. Same.</p> <p>The agents of a corporation who set out fire which burned plaintiff’s property were personally liable, if negligent.</p> <p>3. Fire. Setting fire. Right to damages. Penalty.</p> <p>Under Code 1906, section 4988, (Hemingway’s Code, section 3257), imposing a penalty for setting out fire negligently, where one was damaged by fire so set, he can recover in one action both for actual damages and for the penalty.</p>