Misfeasance

A misdeed or trespass. The doing what a party ought to do improperly.

1 Tidd, Pr. 4.

The improper performance of some act which a man may lawfully do.

3 Steph. Comm. 460. And sce Bell v. Josselyn, 3 Gray (Mass.) 309, 63 Am. Dec. 741; Illinois Cent. R. Co. v. Foulks, 191 111. 57, 60 N. El 890; Dudley v. Flemingsburg, 115 Ky5, 72 S. W. 327, 60 In R. A. 575, 103 Am. St. Rep. 253.

Misfeasance, strictly, is not doing a lawful act in a proper manner, omitting to do it as it should be done; while malfeasance is the doing an act wholly wrongful; and non-feasance is an omission to perform a duty or a total neglect of duty. But "misfeasance" is often carelessly used in the sense of "malfeasance."

Coite v. Dynes, 33 Conn. 109.