Dickerson v. American Sugar Refining Co., Inc

STALEY, Circuit Judge.

This case raises the perennial problem of the “borrowed servant” and requires that we decide whether there was sufficient evidence to justify a jury finding that the nurse who treated plaintiff was, while rendering that treatment, defendant’s servant.

Defendant maintains a sugar refinery in Philadelphia. In connection with the refinery, it maintains a dispensary. The dispensary is permanently staffed by a registered nurse who is a full-time employee of defendant. A doctor is in attendance at the dispensary for a few hours a day. He testified that he was retained as a…