Shea v. Phillips

Candler, Justice.

Hugh D. Phillips filed a suit for damages against Dr. P. C. Shea, Jr., alleging malpractice. Before it was tried, Phillips died, and his administratrix was substituted in his stead as the party plaintiff. On the trial, the court granted a nonsuit, and the Court of Appeals, with Chief Judge Felton dissenting, reversed that judgment. Phillips v. Shea, 94 Ga. App. 796 (96 S. E. 2d 390). The allegations of the petition, as four times amended, are fully set out in the opinion filed by that court, and they can be seen by reference thereto. Briefly, they show that on April 22, 1953,…