Black v. Fischer, (No. 14188.)

• Decision Date: 10 April 1923
• Docket Number: (No. 14188.)
• Citation: 117 S.E. 103,30 Ga.App. 109
• Parties: BLACK v. FISCHER et al.
• Court: Georgia Court of Appeals

30 Ga.App. 109

117 S.E. 103

BLACK

v.FISCHER et al.

(No. 14188.)

Court of Appeals of Georgia, Division No. 1.

April 10, 1923.

(Syllabus by the Court.)

sician in good standing in his profession, it has fulfilled its obligation, and cannot be held liable for any want of skill on the part of the surgeon employed.The master is held liable for the tortious acts of the agent upon the theory that the agent is controlled and acts under the direction of the master and within the scope of his duties.There is no allegation in the petition here to the effect that the sanatorium company directed the surgeon how or in what way to treat the patient.

Error from City Court of Atlanta; H. M. Reid, Judge.

Action by H. A. Black against L. C. Fischer and others.Judgment for the defendantDavis-Fischer Sanatorium Company on demurrer, and plaintiff brings error.Affirmed.

Alexander & Meyerhardt, of Atlanta, for plaintiff in error.

Underwood, Pomeroy & Haas and Rosser, Slaton & Hopkins, all...