O'Toole v. Faulkner

Citations

• 29 Wash. 544
• 70 P. 58
• 1902 Wash. LEXIS 613

Syllabus

<p>TRUSTEE-LIABILITY FOR TORTS OF EMPLOYEE.</p> <p>One who purchased the property, plant, franchise and assets of a light and power company at a judicial sale as the agent and trustee for a committee of the bondholders procuring such sale, paying therefor with the money and bonds of such committee and by a written agreement covenanting to hold said property as the agent of, and in trust for said committee, to manage and operate according to the orders and instructions of said committee without other compensation than his salary as bookkeeper, and to transfer and relinquish the possession of said property immediately upon the written request of said committee, occupied i:he relation of trustee instead of agent, and was therefore liable as trustee for the tortious acts of an employee, from which he would not be relieved by his subsequent transfer of the property pursuant to the directions of the cestui que trust.</p> <p>APPEAL-SUFFICIENCY OF COMPLAINT-ERROR NOT URGED BELOW.</p> <p>On an appeal by the plaintiff in a personal injury case, the respondent is entitled to urge, although the objection was not raised in the lower court, that the complaint does not state a cause of action, for the reason that it shows contributory negligence on the part of the plaintiff.</p>