Friedlander v. Texas & Pacific Railway Co.
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
The Supreme Court rejected its rule that an employer escapes liability for an agent's fraud solely because the agent acted for personal gain. The confirmed treatment is listed below. Its distinct rule about an agent's authority to issue bills of lading for goods never received was later modified for covered bills by the federal Bills of Lading Act.
7 later cases cite Friedlander v. Texas & Pacific Railway Co.; 7 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Friedlander v. Texas & Pacific Railway Co.?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Overruled in Part
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The Supreme Court overruled Friedlander insofar as it denied an employer's liability for fraud within an agent's assigned duties merely because the agent acted for personal gain.
Gleason v. Seaboard Air Line Railway Co. · Supreme Court of the United States · filed
We think that the Fried-lander case should be overruled so far as it supports such an exception and that the judgment of the court of appeals should be reversed.
Read the full opinion on CourtListener →
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