Pedersen v. Norris
Pedersen v. Norris
Opinion of the Court
The defendant, E. E. Keith, was an assistant of, and working for, his codefendant, Otho F. Norris, in the dental offices of the latter, in
One of appellants’ contentions is, that the respondent’s testimony failed to make a case to be submitted to the jury. While a majority of the witnesses testified that the tooth was diseased, and there was testimony that it was loose and that the bridge could not be removed without extracting the tooth with it, and that there was neither negligence on the part of appellants nor damage to respondent, yet there was also competent- evidence to the effect that the tooth was sound and was not loose, and the defendant Keith was negligent in extracting it. Nothing could be gained by repeating, in detail, the testimony on this question; suffice it to say that a reading of the record convinces us that there was sufficient testimony on the part of the respondent to require the court to submit the case to the jury upon the merits.
The appellants requested the court to give the following instruction: “The plaintiff in his complaint alleges that the tooth that came out was a sound tooth. This is denied by the defendants, so if you find that said tooth was diseased, and such diseased condition, in any degree, loosened said tooth, then you will find for the defendants, and if said tooth was diseased and
Parker, C. J., Mackintosh, Fullerton, and Holcomb, JJ., concur.
Reference
- Full Case Name
- Jens Pedersen v. Otho F. Norris
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- Published
- Syllabus
- Physicians and Surgeons (11)—Actions eor Malpractice-Question por Jury. The negligence of a dentist in the extraction of a tooth, upon removing a gold crown, is a question for the jury, where the plaintiff testified the tooth was sound, though a majority of the witnesses testified the tooth was diseased, and there was testimony that the tooth was loose, and that the bridge could not be removed without extracting the tooth to which it was attached. Same (12)—Instructions. In an action for damages for negligently extracting a tooth where there was conflicting evidence as to its soundness, a requested instruction, that “if said tooth was diseased, then I charge you . .”.....the extraction was a benefit to the plaintiff and not a damage,” was properly refused, since it would not follow as a matter of fact or of law that a tooth which was diseased or not sound should be extracted.