49 Ga. 207 | Ga. | 1873
It was conceded in the argument that, unless the rule be changed by the Code, an agent is not liable to a third person for damage resulting to him from the non-performance or neglect of a duty which the agent owes to his principal. To this point the authorities are numerous: Story on Ag., secs. 308, 309, 310; Sh. and R. on Negligence, sec. Ill; 1 Hilliard on Torts, 123. This was admitted by counsel in the argument, but it was claimed that, by sections 2213 and 2951, new Code, the law is changed. In the first of those sections it is declared, that an agent is responsible “ for his own tortious acts, whether acting by command of his principal or not.” The next section (2951) defines a tort to be “ a legal wrong committed upon the person or property, independent of contract.” It may be either, 1st. A direct invasion of some legal'right of the individual. 2d. The infraction of some public duty, by which special damage accrues to the individual. 3d. The violation of some private obligation, by which like damage accrues to
We find nothing in the Code changing the old rule, and as the charge of the Court was in conflict with what we think was the law of the case, a new trial should be granted. Judgment reversed.