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,
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