NORTON v. HAMILTON

35787.

92 Ga. App. 727 (1955)

89 S.E.2d 809

NORTON v. HAMILTON.

Court of Appeals of Georgia.

Decided October 11, 1955.


Attorney(s) appearing for the Case

Wright, Rogers, Magruder & Hoyt, Dudley B. Magruder, Jr., for plaintiff in error.

Matthews, Maddox, Walton & Smith, contra.


FELTON, C. J.

It is contended by the plaintiff in error that the action is one for breach of contract and not for a tort and that, therefore, the action was improperly brought by the wife rather than the husband, and that pain and suffering cannot be recovered as an element of damages for a breach of contract. The action is in tort. It is brought under Code § 84-924 which provides: "A person professing to practice surgery or the administering of medicine for...

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