118 Ga. 647 | Ga. | 1903
S. J. Dickerson brought, in the city court of Savannah, a suit for damages against the Plant System Relief and Hospital Department, which was alleged to be “ a voluntary association composed of The Savannah, Florida & Western- Railway Company, The Charleston & Savannah Railway Company, The Alabama Midland Railway Company, The Brunswick & Western Railroad Company, The Florida Southern Railroad Company, The San
The case of Georgia Northern Railway Co. v. Ingram, 114 Ga. 639, cited by counsel for the defendant in error, does not seem to> support his contention. It does not appear that any point was made in that case as to any omission to allege that the railway company had failed to observe proper diligence in selecting the surgeon who attended Ingram. The Chief Justice, in deciding that case, said: “ It will be seen . . that the surgeon who is alleged to have been neglectful and unskillful in his treatment of the plaintiff was> not himself sued, but the suit was brought against the railw.ay company.” The opinion of the court in that case proceeded upon the question as to the burden of proof, and it was decided that the-plaintiff did not make out his case under this burden. For this latter reason a new trial was granted- The question discussed in this branch of the present case was neither made nor considered in that case. The association did not in its contract insure against the errors or mistakes or negligence of its surgeons and physicians.