Black v. Fischer, (No. 14188.)
Decision Date | 10 April 1923 |
Docket Number | (No. 14188.) |
Parties | BLACK v. FISCHER et al. |
Court | Georgia 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.
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...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......
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Stewart v. Midani, Civ. A. No. C80-161R
...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 ......
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... ... 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 ... ...
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Insinga v. LaBella
...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)......