Lough v. John Davis & Co.

Citations

• 30 Wash. 204
• 59 L.R.A. 802
• 70 P. 491
• 1902 Wash. LEXIS 672

Syllabus

<p>APPEAL-WHEN LIES-JUDGMENT AGAINST ONE OE SEVERAL DE-PENDANTS.</p> <p>An order sustaining a demurrer to a complaint interposed by one of several defendants is appealable, altbougb there has been no disposition of the case so far as another defendant is concerned, when the latter had never been served nor appeared in the action (Keef v. Tibbals, 18 Wash. 656, followed).</p> <p>AGENTS-NONEEASANCE-LIABILITY TO THIRD PERSON.</p> <p>An agent who is put in charge of property by the owner, with sole and absolute control and management thereof, and full power to rent, repair, and keep same in safe condition for tenants, is liable for injuries resulting because of a failure to keep such premises in repair; there being no distinction, as regards an agent’s liability, whether the injuries flow from his nonfeasance or misfeasance.</p>