Smith v. . Duke University

The determination of the correctness of the nonsuit below necessitates consideration of the primary question whether plaintiff offered sufficient evidence to show that the physician and surgeon, whose treatment of the plaintiff’s wife is complained of, was at the time acting within the scope of his agency or employment by the defendant so as to impose liability upon it under the principle of respondeat superior, and, if so, whether there was evidence of actionable negligence on the part of the physician sufficient to require submission of the case to the jury.

While the consideration of a…