Emory Univ. v. Shadburn

Decision Date17 May 1935
Docket NumberNo. 10016.,10016.
Citation180 S.E. 137,180 Ga. 595
PartiesEMORY UNIVERSITY. v. SHADBURN.
CourtGeorgia Supreme Court

Certiorari to Court of Appeals.

Affirming judgment in 47 Ga. App. 643, 171 S. E. 192.

Bryan, Middlebrooks & Carter, of Atlanta, and B. Hugh Burgess, of Decatur, for plaintiff in error.

Walter Erle Daley, W. T. Daley, and Arnold, Gambrell & Arnold, all of Atlanta, and Weekes & Candler, of Decatur, for defendant in error.

HUTCHESON, Justice.

On December 12, 1934, this court rendered an opinion affirming the judgment of the Court of Appeals1 as follows: "After careful consideration of the decision and judgment of the Court of Appeals, in the light of the record and assignments of error, this court is of the opinion that the case was correctly decided by that court." Thereafter the plaintiff in error made a motion for rehearing, and on February 18, 1935, an order was entered vacating the judgment of affirmance and calling for additional briefs. The case is therefore now before the court for decision de novo. After considering the additional briefs, we are of the opinion that the above quoted decision is correct.

Judgment affirmed.

All the justices concur, except ATKINSON and GILBERT, JJ., who dissent.

1. Former opinion withdrawn.

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4 cases
  • Brandvain v. Ridgeview Institute, Inc., 76331
    • United States
    • Georgia Court of Appeals
    • July 11, 1988
    ... ...         The duty owed by Ridgeview is that enunciated in Emory Univ. v. Shadburn, 47 Ga.App. 643(1), 171 S.E. 192 (1933), aff'd 180 Ga. 595: "A private hospital ... ...
  • Emory University v. Lee
    • United States
    • Georgia Court of Appeals
    • May 14, 1958
    ...especial care of the plaintiff. Compare the cases of: 'Emory University v. Shadburn, 47 Ga.App. 643, 171 S.E. 192; Emory University v. Shadburn, 180 Ga. 595, 180 S.E. 137; Brawner v. Bussell, 50 Ga.App. 840(4), 179 S.E. 228; Gardner v. Newnan Hospital, 58 Ga.App. 104, 107, 198 S.E. 122; Lor......
  • Georgia Osteopathic Hosp., Inc. v. O'Neal
    • United States
    • Georgia Court of Appeals
    • February 28, 1991
    ...here. Rather, the hospital's duty was "that enunciated in Emory Univ. v. Shadburn, 47 Ga.App. 643(1) (171 SE 192 (1933)), aff'd 180 Ga. 595 (180 SE 137) [1935]: 'A private hospital in which patients are placed for treatment by their physicians, and which undertakes to care for the patients ......
  • La Quinta Inns, Inc. v. Leech
    • United States
    • Georgia Court of Appeals
    • January 25, 2008
    ...judgment because the hospital was on notice that the patient was delirious when it left the patient unsupervised), affirmed, 180 Ga. 595, 180 S.E. 137 (1935). 3. See Division 2, infra. 4. See Dry Storage Corp. v. Piscopo, 249 Ga.App. at 900, 550 S.E.2d 419 (where a wrongful death plaintiff ......

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