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San Francisco Law Yournal, ,

CONTAINING ALL THE

DECISIONS OF THE SUPREME COURT OF CALIFORNIA,

And of the U. S. Circuit and U. S. District Courts for the District of
California ; and important decisions of the U. S. Supreme Court,

and higher Courts of other States.

W. T. BAGGETT, EDITOR.

VOL. I.

FROM SEPTEMBER 1, 1877, TO FEBRUARY 23, 1878.5*

SAN FRANCISCO :

BAGGETT & SCOFIELD,

LAW PUBLISHERS,

601 and 603 Washington Street, cor. Montgomery.

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AGENCY-FRAUD-NEGLIGENCE-PUBLIC POLICY.
LIABILITY OF THE PRINCIPAL FOR THE TORTS OF A SUB-AGENT APPOINTED WITHOUT AUTHOR-

ITY.-A principal is not bound by a contract made in his name by a sub-agent appointed
without authority, even where it is precisely the contract which his agent is employed
to make; but public policy requires that the principal be held responsible for the torts

of a sub-agent appointed without authority. LIABILITY OF THE PRINCIPAL FOR THE FRAUDULENT ACTS OF THIRD PARTIES, OCCASIONED BY

THE NEGLIGENCE OR IMPROPER ACTS OF AN AGENT.-If a fraud is committed through the neglect of an agent to employ reasonable precautionary measures to prevent it, or through any improper or wrongful act whilst in the master's business, the princi.

pal will be responsible. IDEM.—Where a trust is put in one person, and another whose interest is intrusted to him

is damnified by reason of the neglect of such as that person employs in the discharge

of that trust, he shall answer for it to the party damnified. ART. 5, TITLE 9, CIVIL CODE.--Construed.

APPEAL from the District Court of the Fourth Judicial District.

On and before January 21, 1875, one P. L. Washburn was the sole agent of the Western Union Telegraph Company, at Colusa, Colusa County, Cal., for the receipt and transmission of dispatches over its telegraph wires. He was also, at the same time, agent for Wells, Fargo and Co's Express, and had various insurance agencies, and employed in his general business, as his clerk, a young man who went by the name of Charles Crowell.

Washburn was a practical “Morse” telegraph operator, and Crowell also understood the same system.

Crowell was never employed by the Western Union Telegraph Company, in any capacity, but said Washburn frequently employed him at said Colusa, to receive and transmit dispatches over the telegraphic wires of said company, to San Francisco and elsewhere, during the said month of January, 1875, and prior thereto, and allowed him, during said times, to have free access to the office of said company, in said Washburn's charge, and to the apparatus therein for sending dispatches. The dispatches sent by said Crowell, over the said wires, were received by the various operators of the company, at the various points to which the same were directed, and were

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