Morton v. Savannah Hospital

• Decision Date: 27 September 1918
• Docket Number: 8695.
• Citation: 96 S.E. 888,22 Ga.App. 607
• Parties: MORTON v. SAVANNAH HOSPITAL.
• Court: Georgia Court of Appeals

96 S.E. 888

22 Ga.App. 607

MORTON v. SAVANNAH HOSPITAL.

No. 8695.

Court of Appeals of Georgia, First Division

September 27, 1918

Syllabus by the Court.

Under the answers made by the Supreme Court (96 S.E. 887) to the several questions certified by this court in this case, it appears that the trial judge erred in sustaining the general demurrer to the plaintiff's petition, and therefore his judgment must be reversed.

(a) As the decisions and rulings of the Supreme Court are binding as precedents upon this court, anything in the decision in the case of Medical College v. Rushing, 1 Ga.App. 468, 57 S.E. 1083, which may be in actual conflict with holdings of the Supreme Court in this case, will not be followed.

Error from City Court of Savannah; Daivs Freeman, Judge.

Action by Daisy Morton against the Savannah Hospital. Judgment for defendant on demurrer to petition, and plaintiff brings error. Case certified to the Supreme Court, and, on answers to questions (96 S.E. 887), judgment reversed and case remanded.

Shelby Myrick, of Savannah, for plaintiff in error.

Wilson & Rogers, of Savannah, for defendant in error.

WADE, C.J.

Judgment reversed.

JENKINS and LUKE, JJ., concur.