4 Ga. App. 823 | Ga. Ct. App. | 1908
This case has been reviewed by this court before, and certain questions' of law, raised by demurrer, decided in favor of the plaintiff (1 Ga. App. 468). It is now before us after a trial on the merits and a verdict in behalf of the defendant, and on .an assignment of error in the judgment overruling the plaintiff’s motion for a new trial. Two material questions are presented by the record: (1) whether the Medical College of Georgia, the defendant in the court below, is responsible for the tort, if such was committed; and (2) whether a tort is shown to
‘ Whether the hospital where the autopsy was performed was controlled by and under the management of the defendant, or whether it was under the control and management of the City of Augusta, is immaterial, as it is manifest that no tort was committed by the surgeon who performed the autopsy. It appears that he did his duty, under the facts of the case, decently and with due regard for the rights of the husband, and tenderly toward the dead. The jury so found, and the evidence fully justifies the finding. While we fully share in the sentiment eloquently expressed by counsel for plaintiff in error, that the body of the dead, when the soul has departed, is still sacred to the loved ones, and that they alone are entitled to it for the last tender ministrations of love, yet we can not lose sight of the fact that the laws of health, duly
Judgment affirmed.