Welch v. Frisbie Memorial Hospital

In support of its motions for a nonsuit and a directed verdict, the defendant contended that the technician who took the x-ray plates of plaintiff’s leg was not the servant of the hospital. The basis of the court’s order denying the motions was not stated at the time it was made, but it is clearly disclosed by the language of the charge. The jury was instructed that “the relation of master and servant existed between the hospital and Miss Toomey.” It thus appears that the Presiding Justice himself determined the nature of the relationship between the technician and the hospital, and it is to…