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Wenger v. Mollin

Court of Appeals of the State of New York
May 22, 1934
191 N.E. 611 (N.Y. 1934)

Summary

holding that a dentist who had accidentally extracted a healthy tooth instead of the tooth that required care could be shown to be negligent without expert testimony

Summary of this case from Berk v. St. Vincent's Hospital & Medical Center

Opinion

Argued April 25, 1934

Decided May 22, 1934

Appeal from the Supreme Court, Appellate Division, First Department.

David L. Weissman for appellant.

Harold J. Hinman and Edward L. Johnson for respondent.


Judgments modified by granting a new trial, with costs to abide the event. Held, that the case presented an issue of fact which should have been submitted to the jury. No opinion.

Concur: POUND, Ch. J., O'BRIEN, HUBBS and CROUCH, JJ. Dissenting: CRANE and LEHMAN, JJ.


Summaries of

Wenger v. Mollin

Court of Appeals of the State of New York
May 22, 1934
191 N.E. 611 (N.Y. 1934)

holding that a dentist who had accidentally extracted a healthy tooth instead of the tooth that required care could be shown to be negligent without expert testimony

Summary of this case from Berk v. St. Vincent's Hospital & Medical Center
Case details for

Wenger v. Mollin

Case Details

Full title:ROSE WENGER, Appellant, v. ABRAHAM MOLLIN, Respondent

Court:Court of Appeals of the State of New York

Date published: May 22, 1934

Citations

191 N.E. 611 (N.Y. 1934)
264 N.Y. 656

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