40 Ga. App. 587 | Ga. Ct. App. | 1929
(After stating the foregoing facts.) Considering the foregoing statement of facts in connection with the quotations and citations of law hereinafter incorporated, this court reaches the following conclusions:
1. Since damages for personal injuries are given as compensation for the injuries sustained, and since John Edmondson has been compensated by the Southern Bailway Company for all injuries received by him “at or near Inman Yards on or about the 8th day of May, 1926,” he can not recover again for the same injuries.
2. In his suit against the Southern Eailway Company, because of the relation of Dr. Hancock to said company, John Edmondson could have recovered for the same injuries for which this suit was instituted.
3. John Edmondson settled with the Southern Bailway Company and gave to it a complete release, and this settlement and release relieved Dr. Hancock of all liability on account of said injuries.
4. After the settlement and release of the Southern Bailway Companj1- by John Edmondson, Dr. Hancock did not render to him any professional services.
In support of the foregoing conclusions we have the following: “Damages are given as compensation for the injury done.” Civil Code (1910), § 4502. “There can be but one satisfaction of the same damage or injury; and if, instead of merely dismissing his suit against one of the two defendants sued jointly, the plaintiff proceeds, for a consideration, to fully settle and satisfy his claim against one, he can not by the terms of such accord and satisfaction, where the injury or damage complained of is the same, limit the release to the defendant thus dealt with, but in such a ease the claim itself becomes extinguished. Donaldson v. Carmichael, 102 Ga. 40 (2) (29 S. E. 135); 1 C. J. 536.” Griffin Hosiery Mills v. United Hosiery Mills, 31 Ga. App. 450 (120 S. E. 789). See also Allen v. Landers, 39 Ga. App. 264 (146 S. E. 794). In Donaldson v. Carmichael, 102 Ga. 42 (supra), Justice Little said: “Although one may be damaged by the joint act of two persons, there is but one injury, and if that is satisfied the party injured is placed
The 1st and 2d headnotes in Retelle v. Sullivan, 191 Wis. 576 (211 N. W. 756), are as follows: “1. Damages resulting from the improper or unskilful treatment of an injury by a physician may be recovered from the person liable for the injury. 2. A release of the person liable for the injury and his insurance carrier from all actions and demands ‘of every kind and nature which I now have, claim to have, or may hereafter claim to have, against either or both,’ includes damages arising from the negligent treatment of the injury by a physician.” In the opinion we find the following: “An element of the damages which plaintiff might have recovered against Allison at the time of the settlement with Allison included damages resulting from the improper or unskilful treatment of the broken arm by the defendant. This is well settled in our law. Fisher v. Milwaukee, E. R. & L. Co., 173 Wis. 57 (180 N. W. 269).” See Leddy v. Barney 139 Mass. 394 (2 N. E. 107).
In the light of what is said above, the court did not err either in overruling the demurrer to the answer, or in sustaining the special plea in bar to the plaintiff’s petition, or in dismissing the petition.
Judgment affirmed.