DocketNumber: S. F. No. 1016
Citation Numbers: 123 Cal. 580
Judges: Garoutte
Filed Date: 3/2/1899
Status: Precedential
Modified Date: 1/12/2023
This action is brought by Theodore Fox, a stockholder of the Consolidated California and Virginia Mining Company, against John W. Mackay and the aforesaid corporation. The action is prosecuted by Fox, as he alleges, in the
Upon this appeal there appears to be but a single point urged for the reversal of the judgment, and that point is somewhat vaguely made and pressed with but little enthusiasm. We assume the point to be that the findings of fact do not support the judgment. But upon an examination of those findings we see nothing to justify this contention, and appellant’s counsel has failed to particularize in that regard. The findings of fact are full and substantially contain a detailed history of the transaction of which complaint is made. If the claim of appellant be that the superintendent was already an employee of the company at the time these services were performed in extinguishing the fire, and that for such reason the services were done under his original and ordinary employment, then a complete answer to such claim is found in the finding of fact that “said services of said Patton in extinguishing said fire were valuable, efficient, unusual, and extraordinary services, and were outside of his ordinary duties as such superintendent.” But, aside from this fact, we find other findings which cut away below any question of the power of the board of directors looking toward an ap
Upon this state of facts a judgment of nonliability upon his part has ample support and should be affirmed.
It is so ordered.
Harrison, J., and Van Dyke, J., concurred.