Sweat v. Foster

Court of Appeals of Georgia

Sweat v. Foster

111 S.E. 66, 28 Ga. App. 360, 1922 Ga. App. LEXIS 514

CourtCourt of Appeals of Georgia

DecidedMarch 8, 1922

Docket13120

StatusPublished

Cited by7 cases

This text of 111 S.E. 66 (Sweat v. Foster) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sweat v. Foster, 111 S.E. 66, 28 Ga. App. 360, 1922 Ga. App. LEXIS 514 (Ga. Ct. App. 1922).

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Opinion

Broyles, C. J.

(After stating the foregoing facts.) It is well settled that in a suit for damages alleged to have been caused by the malpractice of a physician, the burden is on the plaintiff to show a want of due care, skill, or diligence, and also that the injury resulted from the want of such care, shill, or diligence. Georgia Northern Railway Co. v. Ingram, 114 Ga. 639 (40 S. E. 708), and authorities cited. Conceding, but not deciding, that the petition in the instant case established a want of due care, skill, or diligence, on the part of the defendant, it did not show that this negligence of the defendant was the cause of the death of the plaintiff’s wife, paragraph 11 of the petition having been properly stricken on the special demurrer interposed. The court did not, therefore, err in dismissing the suit on general demurrer. In view of this ruling, it is unnecessary to decide whether the first suit was void or merely voidable.

Judgment affirmed.

Luke and Bloodworth, JJ., concur.

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Broyles, C. J.

(After stating the foregoing facts.) It is well settled that in a suit for damages alleged to have been caused by the malpractice of a physician, the burden is on the plaintiff to show a want of due care, skill, or diligence, and also that the injury resulted from the want of such care, shill, or diligence. Georgia Northern Railway Co. v. Ingram, 114 Ga. 639 (40 S. E. 708), and authorities cited. Conceding, but not deciding, that the petition in the instant case established a want of due care, skill, or diligence, on the part of the defendant, it did not show that this negligence of the defendant was the cause of the death of the plaintiff’s wife, paragraph 11 of the petition having been properly stricken on the special demurrer interposed. The court did not, therefore, err in dismissing the suit on general demurrer. In view of this ruling, it is unnecessary to decide whether the first suit was void or merely voidable.

Judgment affirmed.

Luke and Bloodworth, JJ., concur.

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Bluebook (online)

111 S.E. 66, 28 Ga. App. 360, 1922 Ga. App. LEXIS 514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sweat-v-foster-gactapp-1922.

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