Opinion
36190.
DECIDED MAY 23, 1957.
Tort; patient injured during operations, nonsuit. Before Judge Vaughn. DeKalb Superior Court. February 9, 1956.
Northcutt Edwards, Edwin R. Johnson, W. S. Northcutt, R. J. Edwards, for plaintiff in error.
James A. Branch, Thomas B. Branch, Jr., contra.
The judgment of this court ( Phillips v. Shea, 94 Ga. App. 796, 96 S.E.2d 390) reversing the judgment of the trial court which granted the motion for a nonsuit, having been reversed by the Supreme Court ( Shea v. Phillips, 213 Ga. 269, 98 S.E.2d 552), the judgment of reversal by this court is hereby vacated and the judgment of the trial court is affirmed.
Judgment affirmed. Felton, C. J., Gardner, P. J., Townsend, Carlisle, and Nichols, JJ., concur.