Gillis v. Atlantic Coast Line R. Co.

• Decision Date: 11 March 1936
• Docket Number: 24909.
• Parties: GILLIS v. ATLANTIC COAST LINE R. CO.
• Court: Georgia Court of Appeals

184 S.E. 791

52 Ga.App. 806

GILLIS v. ATLANTIC COAST LINE R. CO.

No. 24909.

Court of Appeals of Georgia, Second Division

March 11, 1936

Syllabus by Editorial Staff.

Damages resulting from necessary and required medical treatment of physical injury is element of damage recoverable as proximately resulting from negligence of tort-feasor whose negligence caused injury.

Damage suffered by railroad brakeman in amputation of foot below ankle, so as to render use of artificial limb impossible, as result of necessary medical treatment of injury received through railroad's negligence, held element of damage proximately resulting from railroad company's negligence, so as to be recoverable in action for original injury under Federal Employers' Liability Act notwithstanding that foot was amputated below ankle intentionally so as to lessen brakeman's claim for damages (Federal Employers' Liability Act, 45 U.S. C.A. § 51 et seq.).

Judgment in action under Federal Employers' Liability Act, against railroad for injury to brakeman's foot, held res judicata of brakeman's right to recover damages for willful amputation of foot below ankle instead of above ankle in subsequent action against railroad, notwithstanding that recovery in prior suit did not specifically include damage for injury resulting from amputation of foot below ankle (Federal Employers' Liability Act, 45 U.S. C.A. § 51 et seq.).

Judgment of court of another jurisdiction in same cause of action between same parties is res judicata of all questions that could have been heard and determined therein.

Error from City Court of Savannah; Alex R. MacDonell, Judge.

Action by F. P. Gillis against the Atlantic Coast Line Railroad Company. Judgment for defendant, and plaintiff brings error.

Affirmed.

Oliver & Oliver, of Savannah, for plaintiff in error.

Abrahams Bouhan, Atkinson & Lawrence, of Savannah, for defendant in error.

Syllabus OPINION.

STEPHENS Judge.

1. Damages resulting from the necessary and required medical treatment of a physical injury is an element of damage recoverable as proximately resulting from the negligence of the tort-feasor whose negligence caused the injury. Edmondson v. Hancock, 40 Ga.App. 587, 151 S.E. 114; Martin v. Cunningham, 93 Wash. 517, 161 P. 355, L.R.A.1918A, 225; Retelle v. Sullivan, 191 Wis. 576, 211 N.W. 756, 50 A. L.R. 1106.

2. Where a brakeman in the employ of a railroad company has, as a result of the company's negligence, sustained an injury to his foot consisting in the loss of his big toe caused by the operation of the defendant's train, and where, under a proper and necessary treatment of the injuries thus sustained, it is necessary to amputate the employee's foot, the damage suffered by the employee in the amputation of his foot as a result of the necessary medical treatment of the injury is an element of damage proximately resulting from the railroad company's negligence in causing the original injury. The condition of the foot in being amputated below the ankle,...