Yorston v. Pennell

Opinion by

Me. Justice McBride,

This is an appeal by defendant from the judgment on a verdict in favor of the plaintiff in a malpractice action against a staff surgeon at Episcopal Hospital, Philadelphia.

Originally plaintiff included the hospital as a party defendant but, upon preliminary objection that as a charitable institution it was immune from liability for the torts of its servants, the suit against the hospital was discontinued.

In the court below defendant abandoned his motion for new trial and contends only that he is entitled to judgment n.o.v.

It is clear, therefore, that we must…