Black v. Fischer, (No. 14188.)

Decision Date10 April 1923
Docket Number(No. 14188.)
PartiesBLACK v. FISCHER et al.
CourtGeorgia Court of Appeals

(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 defendant Davis-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 of Atlanta, for defendants in error.

LUKE, J. Judgment affirmed.

BROYLES, C. J., and BLOODWORTH, J., concur.

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11 cases
  • Stacy v. Williams
    • United States
    • United States State Supreme Court — District of Kentucky
    • March 13, 1934
    ...Williams neither proved, nor attempted to prove, a cause of action against it. It was entitled to a directed verdict. Black v. Fischer et al., 30 Ga. App. 109, 117 S.E. 103. The fact Dr. Stacy was one of the principal stockholders of the hospital does not render it liable for a negligent an......
  • Stewart v. Midani, Civ. A. No. C80-161R
    • United States
    • U.S. District Court — Northern District of Georgia
    • November 5, 1981
    ...independent contractor. Id. at 230-31, 170 S.E.2d 53. Similar language can be found in decisions of earlier vintage. Black v. Fischer, 30 Ga.App. 109, 117 S.E. 103 (1923); Clary v. Hospital Authority of Marietta, 106 Ga.App. 134, 126 S.E.2d 470 (1962). Cf. Jeter v. Davis-Fischer Sanitarium ......
  • Stacy v. Williams
    • United States
    • Kentucky Court of Appeals
    • March 13, 1934
    ... ... operation. *** No proper diagnosis was made of said broken ... femur when he was first ... action against it. It was entitled to a directed verdict ... Black v. Fischer et al., 30 Ga.App. 109, 117 S.E ... 103. The fact Dr. Stacy ... ...
  • Insinga v. LaBella
    • United States
    • Florida Supreme Court
    • April 20, 1989
    ...311 U.S. 694, 61 S.Ct. 137, 85 L.Ed. 449 (1940); Vanaman v. Milford Memorial Hosp., Inc., 272 A.2d 718 (Del.1970); Black v. Fischer, 30 Ga.App. 109, 117 S.E. 103 (1923); Hoke v. Harrisburg Hosp., 281 Ill.App. 247 (1935); Pikeville Methodist Hosp. v. Donahoo, 221 Ky. 538, 299 S.W. 159 (1927)......
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